Belgian law on EU workers contrary to EU Law?

Dan133269 · 13-01-2012 12:06PM #1

Right it's been a while since I studied EU law but I think I remember most of the general principles. I'd appreciate some input on this situation.

I'm Irish, and living in Brussels, Belgium for the last year and 3 months. I came over here to do an internship in an EU institution and now I'm working with an association for the last 8 months. One of the rules they have over here is that if you're living here more than 3 months, you must be registered with the authorities. I didn't bother until now because I didn't know if I would be staying, and also didn't fancy going through the bureaucratic hurdle when lots of people aren't registered and it's not really a big deal.

Anyway, in order to apply for a visa for non-EU countries and certain other things, you need to be registered and have your registration documents, number etc. So I decided to go to the local authority and register this morning, my second attempt at such. I gave all my documents, filled out the forms, paid the administrative fee and was told to wait while they processed my documents.

They then called me and gave me the final application form and explained that since my work contract is for a fixed period of time, i.e. it will expire at a certain date, I am not allowed to register myself straight away. Instead, I need to wait 6 months, at which point I will be contacted with a decision as to whether or not the top guy at the "Foreign Affairs Office" at this local authority will decide to grant me registration or not. I should add, the form they gave me explains the situation as the fella explained it, and makes reference to Belgian statutes from which these rules derive.

Importantly, I am paying tax on my wages. The tax rate in Belgium is extremely high, one of the highest in Europe, and is even likely set to increase again in the near future. A lot of my income tax goes towards the equivalent of like PRSI. Workers are then required to top this tax up with a monthly contribution to the local "mutuality" at which point they will then have basic health insurance. Again, this is a legal requirement. Now, in order to get this basic health insurance, you need to be registered.

So I'm in a position where I am an EU citizen, living in an EU Member State (the one that actually has the main EU institutions), paying taxes to that EU Member State, and they won't allow me to register to avail of the social services that Belgians are automatically entitled to. I'm pretty sure this is a fundamental breach of EU law. Any thoughts?

I think it may be a problem with the particular local authority in which I'm resident, because I know people who have registered with other local authorities even though they were here for a fixed amount of time. Nevertheless, it is an outrage. At least I have an idea of what they can and can't do, but if they're treating me like this, they're doing it to others too and some people won't stand up for themselves.

In any event, EU citizens have the right to travel to other Member States to seek work for a period of time. Would these internal rules be in breach of that?

I've said to my bosses in work and they're gonna get it sorted, but it's still fairly shocking to say the least.

Any input or ideas appreciated

MagicSean · 13-01-2012 12:11PM

At first look they appear to be a breach. Have you written to anyone in relation to this? I suggest you start there and see what responses you get.

ResearchWill · 13-01-2012 12:24PM

Well it seems you are a person to whom the treaty and the regulations apply. It seems you are being treated in a less favourable way than a citizen of the local state.

You do not mention appeal of the decision. According to article 47 of the charter of fundemental rights, you have the right in EU decisions to an effective remedy and to legal aid if required.

So check can you appeal the decision, if you can't or they refuse you will need to get a lawyer involved, to move the matter on.

walrusgumble · 13-01-2012 12:46PM

Dan133269 wrote: »

Right it's been a while since I studied EU law but I think I remember most of the general principles. I'd appreciate some input on this situation.

I'm Irish, and living in Brussels, Belgium for the last year and 3 months. I came over here to do an internship in an EU institution and now I'm working with an association for the last 8 months. One of the rules they have over here is that if you're living here more than 3 months, you must be registered with the authorities. I didn't bother until now because I didn't know if I would be staying, and also didn't fancy going through the bureaucratic hurdle when lots of people aren't registered and it's not really a big deal.

Anyway, in order to apply for a visa for non-EU countries and certain other things, you need to be registered and have your registration documents, number etc. So I decided to go to the local authority and register this morning, my second attempt at such. I gave all my documents, filled out the forms, paid the administrative fee and was told to wait while they processed my documents.

They then called me and gave me the final application form and explained that since my work contract is for a fixed period of time, i.e. it will expire at a certain date, I am not allowed to register myself straight away. Instead, I need to wait 6 months, at which point I will be contacted with a decision as to whether or not the top guy at the "Foreign Affairs Office" at this local authority will decide to grant me registration or not. I should add, the form they gave me explains the situation as the fella explained it, and makes reference to Belgian statutes from which these rules derive.

Importantly, I am paying tax on my wages. The tax rate in Belgium is extremely high, one of the highest in Europe, and is even likely set to increase again in the near future. A lot of my income tax goes towards the equivalent of like PRSI. Workers are then required to top this tax up with a monthly contribution to the local "mutuality" at which point they will then have basic health insurance. Again, this is a legal requirement. Now, in order to get this basic health insurance, you need to be registered.

So I'm in a position where I am an EU citizen, living in an EU Member State (the one that actually has the main EU institutions), paying taxes to that EU Member State, and they won't allow me to register to avail of the social services that Belgians are automatically entitled to. I'm pretty sure this is a fundamental breach of EU law. Any thoughts?

I think it may be a problem with the particular local authority in which I'm resident, because I know people who have registered with other local authorities even though they were here for a fixed amount of time. Nevertheless, it is an outrage. At least I have an idea of what they can and can't do, but if they're treating me like this, they're doing it to others too and some people won't stand up for themselves.

In any event, EU citizens have the right to travel to other Member States to seek work for a period of time. Would these internal rules be in breach of that?

I've said to my bosses in work and they're gonna get it sorted, but it's still fairly shocking to say the least.

Any input or ideas appreciated

Registration is not a be all end all. Your not asking for permission to be there. It is simply getting the department to acknowledge rights you are exercising. The Registration should not be an issue. You either have exercised your rights or not, and you continue to do so. I refer to you Directive 2004/38 EC.

You appear to have being exercising your treaty rights for the past year.

What registration requirements, if any, do Belgians have to take?

ResearchWill · 13-01-2012 12:53PM

walrusgumble wrote: »

Registration is not a be all end all. Your not asking for permission to be there. It is simply getting the department to acknowledge rights you are exercising. The Registration should not be an issue. You either have exercised your rights or not, and you continue to do so. I refer to you Directive 2004/38 EC.

You appear to have being exercising your treaty rights for the past year.

What registration requirements, if any, do Belgians have to take?

Most countries in Europe require some form of local registration for all including citizens. This registration includes in some cases when you move from one local area to another.

It would not in it's self be illegal, but if certain rights flow from registration then refusal may be a breach, unless such rules also apply to locals.

Dan133269 · 13-01-2012 01:22PM

MagicSean wrote: »

At first look they appear to be a breach. Have you written to anyone in relation to this? I suggest you start there and see what responses you get.

No, this just happened this morning. Work has contacted someone who said it's crazy, and work said they will contact their lawyers if necessary.

walrusgumble wrote: »

Registration is not a be all end all. Your not asking for permission to be there. It is simply getting the department to acknowledge rights you are exercising. The Registration should not be an issue. You either have exercised your rights or not, and you continue to do so. I refer to you Directive 2004/38 EC.

You appear to have being exercising your treaty rights for the past year.

What registration requirements, if any, do Belgians have to take?

Yes, I am here and working legally. But if I fall sick tomorrow, I am liable to pay 100% of any hospital or medical bills, despite the fact I'm paying taxes towards that very purpose. There are also other things you are only entitled to once you are registered.

Dan133269 · 13-01-2012 01:23PM

ResearchWill wrote: »

It would not in it's self be illegal, but if certain rights flow from registration then refusal may be a breach, unless such rules also apply to locals.

Yes, most Belgians would be registered at birth or whatever. The thing, surely a 6 month waiting period for merely a decision is excessive.

blueythebear · 13-01-2012 02:30PM

Dan133269 wrote: »

Yes, most Belgians would be registered at birth or whatever. The thing, surely a 6 month waiting period for merely a decision is excessive.

Sounds like a bit of a bureaucratic nightmare. I'd write to the relevant authority with an appeal and request a decision in 21 days citing Directive 2004/38.

If no response, then a complaint to the European Commission in writing would be useful. They're normally pretty quick about reverting with an opinion on EU issues. THey may take action or they will give an opinion which you can forward to the relevant authority to bolster your argument.

After that, Judicial Review would be a good option. Bring it to your Employer's lawyers. Sounds like a breach of Free Movement principles on the basis of your original post.

Marcusm · 13-01-2012 07:40PM

Dan133269 wrote: »

Yes, most Belgians would be registered at birth or whatever. The thing, surely a 6 month waiting period for merely a decision is excessive.

Have they refused to register you or have they reviewed your documents, taken copies of what's necessary and told you that it may take up to 6 months to complete the registration process?

I ask as 6 months I believe is a time limit imposed on other member states (incl the UK) to process registration certificates and EEA family member registrations. They don't deny the right to reside but basically don't put a lot of resources into processing what are in most cases academic applications.

The principal thing you mention in the context of the registration is the obtaining of non EU visas; I don't understand what relevance a Belgian registration would have on that as the visa decision should be based on the home country passport not the host country registration.

It's worth noting that there are a number of legitimate restrictions to freedom of movement, including in the case of non workers being economically self sufficient and not being an unreasonable burden on the host country's public services or funds. It doesn't seem as these apply in this instance.

A refusal to register would be a problem, taking 6 months to process the registration might not be regarded as an unreasonable restriction.

Croc · 13-01-2012 09:47PM

Dan133269 wrote: »

No, this just happened this morning. Work has contacted someone who said it's crazy, and work said they will contact their lawyers if necessary.

Yes, I am here and working legally. But if I fall sick tomorrow, I am liable to pay 100% of any hospital or medical bills, despite the fact I'm paying taxes towards that very purpose. There are also other things you are only entitled to once you are registered.

Have you considered applying for an E111 in Ireland, at least that would solve the problem with possible medical bills in the short term

Victor · 15-01-2012 09:07PM

Croc wrote: »

Have you considered applying for an E111 in Ireland, at least that would solve the problem with possible medical bills in the short term

It's an EHIC these days. However, the OP no longer lives here.

Marcusm wrote: »

The principal thing you mention in the context of the registration is the obtaining of non EU visas; I don't understand what relevance a Belgian registration would have on that as the visa decision should be based on the home country passport not the host country registration.

Most countries tend to insist that you apply for a visa where you are resident, not your country of nationality or domicile.

Marcusm · 16-01-2012 06:40PM

Victor wrote: »

Most countries tend to insist that you apply for a visa where you are resident, not your country of nationality or domicile.

I appreciate this and in fact have applied for a lot of visas in similar circumstances. While some embassies and countries require some evidence of an entitlement to reside in that country rather than specific registration documents. I've never had a refusal for failure to provide a local registration document.

Anon2020 · 17-01-2012 09:26PM

Belgium and bureaucracy/red tape are synonymous.:cool:

Dan133269 · 23-01-2012 03:07PM

Anon2020 wrote: »

Belgium and bureaucracy/red tape are synonymous.:cool:

You can say that again, I thought the French were bad.

Anyway, I have an update. As it turns out, I was wrong. The local authority told me that I was not registered, when in fact, I am "partially registered" with a National Number. I only found that out afterwards having made numerous phonecalls.

And, the local health insurance place, which is a public office I might add, again gave me false information. After I got the national number I went to get my obligatory health insurance, and they told me I could have got it without being registered in the first place! :rolleyes:

Bloody country is crazy, that's at least 3 times I've been given blatantly wrong information by a public authority. They first told me that the basic obligatory health insurance covers the full cost of all medical expenses, and then when I probed further, it turns out it covers 70%.

Anyway, I'll try and make the best of it.
For those of you who want to agree with me about Belgian life, I started a thread on ranting and raving about how bad the service industry is!

It's called "Silly Silly Belgians"

meathstevie · 23-01-2012 10:32PM

Dan, registering your address with the townhall is a legal requirement for all residents in Belgium. Locals, EU-nationals as well as all other residents.

Ultimately the townhall registration is your only official proof of address, once you have done that a lot of the bureaucracy will become a lot less cumbersome. Also keep in mind that your PRSI equivalent includes contributions towards a rather generous social welfare system, paid annual leave, a public healthcare system where the consultants' waiting list means a phonecall from his secretary asking if next Tuesday first thing in the morning suits you, a clutter of paid public holidays like no other country in the EU etc etc.... .Go through the bother of sussing out the system and you'll notice it's actually a pampering welfare state if you know where to go and whom to ask.

Belgian law on EU workers contrary to EU Law?

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