Dispute between Cyprus and Germany
The dispute between the two member States, Cyprus and Germany, concerning social security coordination, was resolved for the first time since the service was created, by the adoption of a non-binding opinion accepted by the two States involved.
Thanks to this first success on the part of ELA, it is expected that future disputes between member States can be settled through this new mediation service explained in more detail below.
Mediation procedure at ELA
The mediation tool developed by ELA, the European Labour Authority, is designed to overcome disputes between member States that cannot be resolved independently through dialogue. The service is divided into two phases. In the first phase a single mediator, chosen by the member States, takes charge of the dispute. Then, in the event that this entity is unable to conclude the dispute, the States can move on to phase two by turning to the entire mediation board. The final act of this mediation involves the drafting of a non-binding opinion, which the States involved must abide by in good faith and for the maintenance of the existing administrative cooperation.
The mediation service now covers the four main areas of competence of ELA:
- posting of workers;
- social security coordination;
- free movement of workers;
- social aspects of international road transport.