The Council of the European Union has called on the European Commission to strengthen the legal framework governing the posting of third-country nationals within the EU, aiming to prevent circumvention of national labour immigration rules and ensure fair competition. In a note dated 3 May 2026, eight Member States proposed that the Commission clarify the distinction between genuine and false postings, citing the need to protect workers and uphold the integrity of the internal market.
The posting of third-country nationals—workers from non-EU countries temporarily assigned to another Member State—has been a contentious issue in EU labour law. The note references the landmark Van der Elst ruling (C-43/93), which established that companies can post third-country nationals under the freedom to provide services, provided they comply with host Member State labour conditions. However, concerns have grown that this mechanism is being abused to bypass national immigration controls, leading to unfair competition and exploitation. The proposal is part of the broader Fair Labour Mobility Package, which seeks to balance labour mobility with robust enforcement.
The eight Member States—whose identities are not disclosed in the note—argue that current EU rules lack clarity, making it difficult for national authorities to detect fraudulent postings. They draw on a report by the European Labour Authority (ELA) and findings by Enrico Letta, former Italian Prime Minister, which highlight gaps in enforcement. The proposed tightening would involve clearer criteria for what constitutes a genuine posting, potentially including requirements for prior authorization or enhanced documentation. This approach aims to protect workers' rights and prevent social dumping, but critics warn it could increase administrative burdens for businesses and reduce the flexibility that the Van der Elst ruling intended to preserve.
EU businesses, particularly in sectors like construction and services that rely on posted workers, face higher compliance costs and potential delays if new rules require pre-approval or additional paperwork. Small and medium-sized enterprises may be disproportionately affected. National authorities would gain clearer tools to distinguish genuine from false postings, improving enforcement and reducing illegal labour practices. However, they would also need to invest in training and administrative capacity. Posted third-country nationals stand to benefit from stronger protections against exploitation and clearer legal status, but may face longer processing times for assignments. EU workers and trade unions welcome the move as a step toward fair competition and preventing undercutting of local wages and conditions.
The Commission is expected to respond to the Council's call by proposing legislative amendments or guidance. The file will be discussed further in the EPSCO Council formation, with input from the European Parliament and social partners. The outcome will shape the future of labour mobility in the EU, balancing the internal market's openness with robust worker protections.