2023
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Hélène Michel et al., « The European Labour Authority and the shaping of "fair mobility": The ambiguities of a regulatory agency in achieving the European labour market », HAL SHS (Sciences de l’Homme et de la Société), ID : 10.4324/9781003298649-8
The European Labour Authority (ELA) was announced in September 2017 by President Juncker in his State of the Union speech. Less than 18 months later, on February 14, 2019, the Commission’s proposal was amended and negotiated between the European Parliament and the Council, and the ELA started its work on October 2019. The objectives of this new agency are to facilitate access to information for individuals and employers about their rights and obligations in the areas of labour mobility and social security coordination, to support cooperation between national authorities, and to provide mediation and facilitate solutions in cases of disputes between national authorities. While trade unions and some MEPs welcomed this new authority, employers’ associations and some Member States were far less supportive. At the same time, this new regulatory agency was established quite rapidly, and each actor seems to have come to peace with its role. How can we explain this? To answer this question, we will examine the decision-making process and focus on the introduction and dissemination of a new term – “fair mobility” – that is used by both administrative staff and social partners. This contribution tries to demonstrate that this notion succeeded in conciliating market objectives and the need for social integration. As a consequence, the ELA is less a tool of control and sanctioning for employers, and more a tool to make the market function by providing information and coordinating the national bodies in the different areas of labour mobility.