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06 December 2013 / Charles Pigott
Issue: 7587 / Categories: Features , Employment
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Cross-border commuters struggle to illuminate the law. Charles Pigott reports

International commuters featured in two recent cases which have shed some light on the interpretation of the two EU regulations commonly in play when employees cross national boundaries in the course of their work. But some issues still remain obscure.

 

The Employment Appeal Tribunal (EAT) has considered the interpretation of the employment provisions of the Brussels Regulation (EC 44/2001) which determines which national court has jurisdiction when the employer is domiciled in a member state. For its part, the European Court of Justice (ECJ) has looked at the choice of law provisions (now found in the Rome Regulation (EC 593/2008)) that apply when an employee commutes from a member state where the employer is based to work exclusively in another country.

Jurisdiction

Faced with a claim from a worker who lives in one country and works in another, the court’s first task is often to assess whether it has jurisdiction. The Brussels Regulation, which replaced the Brussels Convention in March 2002, will be the

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Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
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