The main part of providing social security legislation ensures Czech Social Security Administration (CSSA) which is the largest financial organization of the Czech public administration. Providing of Coordination regulations in the area of pension insurance, sickness insurance and applicable legislation are the most important tasks of CSSA related to free mobility of migrant workers in the EU. We define several obstacles of free mobility of workers in the EU caused by 1) legislation, 2) organization and 3) administrative reasons by using desk-research analysis.
1) Legislation reasons – in general, the provisions of coordination regulations are soft and enable different interpretation of particular Member States. More detailed decisions of Administrative Commission are not enough enforceable source of law according to the ECJ. Therefore does not exist high level of law certainty on the side of migrant workers especially. On the other hand some law gaps make easier to circumvent coordination rules by the unfair subjects, what comes through forum shopping.
2) Organization reasons – institutions show very different level of mutual cooperation, what has negative impacts on the smooth mobility of migrant workers. More interest and enthusiasm is needed.
3) Administrative reasons – some provisions (e.g. Art. 16 Regulation 987/2009) are constructed for the time after the activation EESSI, not for the paper communication. Migrant workers have complicated access to the simple, transparent information about their rights and duties during the period of migration in the EU.
The most important result of the project is the necessity of more efficient way of communication between institutions and spreading information to the clients. Czech side propagates the most important information in three foreign languages on the websites. Very useful is the Guide for migrant workers prepared by Czech institutions and available on the websites as well.