Cross-Border Mobility of ‘Bogus’ Self-Employed Workers: A Lack of Legal Framework Coupled with Protection of Economic Rights

Abstract

If the phenomenon of ‘new self-employed workers’ or ‘bogus self-employed workers’ is nothing new, this phenomenon is growing. The crisis which gripped the EU saw a rise in practices from a bygone age: self-employed people working under very degrading conditions in return for payment considerably below the average applicable in the host State and subject to violations of human dignity. The article shows that the increase in temporary cross-border movements appears to be a reality which collides head-on with national labour and social security law, ill-equipped to counter the abuse of opportunities afforded by European law.