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The scope of binding effect of a certificate of applicable social security legislation (E101 and A1) on Member State's Courts in the event of a fraud — comments against the judgments of the CJEU in C-359/16, C-527/16, C-370/17 and C-37/18 and C-17/19 — pa

The author analyses case law of the Court of Justice of the European Union on the binding effect of a certificate on legislation applicable (E101 and A1) for courts of a Member States in the event of fraud. Both in Polish literature and in case law, judgments in this area are assigned with different effects. What seems to prevail is a believe that the binding force of the abovementioned certificates has been weakened. This study aims at critical analysis of such a view, as well as at establishing conclusions resulting from the emerging jurisprudence. The first part of the study was published in the previous issue of the Labour and Social Security Journal

Keywords: certificate E101; certificate A1; binding effect of certificates on legislation applicable

References

Bibliografia/References

Leczykiewicz, D. (2019). Prohibition of Abusive Practices as A „General Principle” Of EU Law. Common Market Law Review, 56.

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