Mediation is a form of alternative dispute resolution where a neutral and objective third party assists parties to a dispute in negotiating the resolution of their conflict. The concept underlying mediation is that the parties achieve a satisfactory resolution through collaboration and consent. In the early 1990s, the Israeli Legislature adopted the concept of mediation and enacted a detailed and comprehensive framework of laws and regulations supporting mediation. The article shows that the form of mediation has been adjusted and reworked to fit the reality of the functioning of the labor court in Israel.

Increasing the interest rate of accident insurance contribution on the basis of Article 34 of the Act on Social Insurance against Accidents at Work and Occupational Diseases

The amount of contribution for accident insurance is changeable. It depends on the degree of occupational hazards and their subsequent effects. However, the legislator has introduced a solution that disregards this determinant. In Article 34, Sections 1 and 3 of the Act on Social Insurance against Accidents at Work and Occupational Diseases the legislator entitled the pension authority to fix the contribution rate in the amount of 150% for the period of one year. This applies to contribution payers who have failed to submit data or have submitted data or have submitted incorrect data. Legal nature of this responsibility is disputable. The provision does not explicitly stipulate that such responsibility is being formed on the principle of fault. As a result, the provision of Article 34 became the subject of divergent judicial decisions and inconsistent statements in the relevant literature.

 The organization and a financial structure of the independent public institutions for health care

In 2011 Polish legislator has passed the Curative Activities Act of 15th April 2011. Among its provisions there are regulations concerning the independent public institutions for health care. The analysis led in the paper especially deals with financial structure of these institutions. In addition, article presents regulations which state functions and organization of them. At the end of the article there are some remarks about the verification of activities of the curative subjects.

Determination of an Entitlement to a Training Pension – Practical Aspects

The article regards the determination of an entitlement to a training pension both in the stage of proceedings before the pension authority as well as in the stage of judicial appeal proceedings. The authors conclude that the pension authority is authorised to shorten the period of receiving a training pension even after it had been prolonged by the starost, if there is no possibility of vocational retraining or the person in question does not undergo such retraining. In the process of issuing a declaration, the certifying physician is bound by the starost's findings regarding the impossibility of vocational retraining, thus – in the event the insured is re-examined (under article 119 sec. 4 of the Act on pensions from the Social Insurance Fund) – the possibility of regaining ability to work after vocational retraining may not be verified again. The determination of an entitlement to a training pension in court proceedings results in the prohibition of its retroactive awarding (i.e. for the period since the day of applying for the disability pension until the day the judgement in the case becomes final and valid), as well as the inadmissibility of awarding this contribution for a period longer than 6 months. 

The main matter of this article is to determine the effects of the bill of 6th December 2013 about change in acts of law in relation to principles of payout from the financial means gathered in open pension funds (OPF) and it's theoretical analysis. This law determines other ways of payout of the resources gathered in OPF in comparison to basic regulation that have been binding for years of investments in OPF. As a result of abandon of capital lifetime pension the participation in OFE becomes simply the part of the pay-as-you-go pension system – now we cannot think about it as the second pillar of the pension system. Instead having two pensions depended on different ways of financing the benefit, the new solution relays  only on the current revenues of Social Insurance Fund and volume of the subvention from the state. In the situation when progressive demographic crisis is causing the decreasing of incomes to public insurance funds and high number of beneficiaries it simply cannot improve the situation of members of OFE for future.

The article no. 70 subsection 3 of the Act on retirement pensions and other pensions from the Social Insurance Fund was questioned by the Constitutional Tribunal. In the judgment given in year 2014 the Constitutional Tribunal pointed out a contradiction between the article mentioned above and the Polish Constitution. The questioned issue concerned the entitlement to the survivorship pension granted solely to the divorced spouse with granted alimony. It is considered that the entitlement to the survivorship pension should also concern those who were paid alimony by the spouse on a voluntary basis.

Flexicurity strategy is a fundamental instrument used in European Union designed to provide citizens with a high level of employment certainty. One of the components that form this strategy is the implementation of a modern system of social security. Only system that promotes employment, improves mobility and allows for agreeable coexistence of professional life and family life can be considered as such. Unfortunately, Polish social security system in the event of unemployment does not meet these assumptions.

The fundamental human, social and citizen's rights were formulated in the Constitution of the Republic of Poland. No law or other legal act may be in conflict with it because the Constitution lays down the legal basis for the rest of all Poland legislation and determines the nature of all legal branches, including social security law. Thus, the Constitution provides several legal norms that have great importance to the whole system of further legislation regulating specific social security rights in Poland. The constitutional jurisprudence concerning social security is linked with different global and national processes. The economic crisis has also asked to amend or even to reinterpret already existing practice. This article aims at providing basic principles of social security rights established in the Constitution and their interpretation in constitutional jurisprudence. Some aspects of the constitutional doctrine of social security rights, which were determined by changes in the economy, are also discussed.

The provisions of the Act on Collective Disputes Settlement are not uniform as regards their binding force towards their addressees. They contain imperative norms as well as many semiimperative ones. Despite that differentiation it is legitimate to say that absolutely binding norms have been  used by the legislator only in those cases, where it deemed that the process of resolving of collective dispute was to be strictly formalised. In many provisions however there have been included relatively binding norms since the legislator found that in order to mitigate a social conflict at an employer  the parties to the dispute, especially the employer, should have the possibility of a flexible conduct  and cannot be too much constrained by obligatory legal regulations.

Representative value of employers' organizations – selected issues

The author has focused in her review of Polish legislation on selected issues related to the representative value of employers' organizations. Consequently, it is possible to conclude that,  although legal regulations pertaining to the representative value of such organizations need supplementing, they are less controversial than in the case of the representative value of trade unions.

THE POSSIBILITIES OF INFRIDGEMENT THE EMPLOYERS' ECONOMIC SITUATION BY FREEDOM OF TRADE UNIONS

The article attempts to answer the question, if the competences in the scope of collective labour law, granted trade unions, do not violate the balance of social partners, by the possibility of influencing the employers' economic situation. In the case of infringement the conditions of social dialogue by the trade unions, the competences become the mean to obstruct the employers' activity, violating their economic businesses.

The author, indicate the chosen competences of trade unions, which blind execution, leads to unjustified shaking the balance of social partners. Entirely the author concludes de lege ferenda, regarding proper ballancing legal position of social partners.

Freedom of association and the right to freedom of association of the social partners in the Polish Constitution

The subject of this paper is the presentation the Freedom of association and the right to freedom of association of the social partners in the Polish Constitution. The comprehensive analysis should be preceded by the characteristic of a few fundamental pronciples. In order to determine the scope of freedom of association, it is essential to determine what, exactly, an association is within the meaning of Article 58 and 59 under the Polish Constitution.

This article, with reference to the national example of Lithuania, it is overviewed problems of legal status of trade unions and examines how it which corresponds with international standards and reflects real needs of labour market. There is stipulated that it is necessary to improve the confidence in trade unions, in line with reviewing and de lege ferenda stipulating legal provisions, which could help not only to strengthen active trade unions, but also could make assumptions for the formation of new trade unions and promote their coordination in sectorial and national levels.

Collective agreements are normative agreements concluded by the social partners: employers or employers’ organisations and trade unions setting out the terms and conditions which should be satisfied by contracts of employment (normative provisions of the collective agreement), rights and obligations of the parties to a collective agreement (obligating provisions of the collective agreement) and other obligations of an employer to a group of workers (provisions included in a so called “third” part of the collective agreement). Collective agreements are negotiated acts of individual and collective labour law. Regulation of the contents of individual labour law through collective agreements is an alternative method of lawmaking. It guarantees better compliance of the social partners with the standards established as a result of the social dialogue

The scope of the article refers to the specific constitutional foundations of collective labor law, i.e. to the principles of social dialogue and cooperation between social partners, principles of social peace in the collective labor relations, and the principles of shaping collective labor relations by negotiation - as being a determinant of normal rules of relations between representatives of the government and the social partners. It also raises the issue of the bill law on Social Dialogue Council to replace the current law on the Tripartite Commission for Social and Economic Affairs and regional social dialogue committees.

Axiology of constitutional principles of social dialogue

This article is about axiology of constitutional principle of social dialog. In my opinion, that principle is based on other fundamental constitutional values, like human dignity and autonomy of will. Those two values are strongly connected, because, according to art. 30 Polish Constitution dignity is the source of every rights. Thus, rights are means to achieve dignity. This assumption has important, practical consequence as regards autonomy of will. No every express of will is exercise rights whose source is autonomy of will. The state protect only those expresses of will, which are consistent with dignity. In my opinion, dignity is not only element of natural human rights. I think, that is rather the ability to be subject of system of norms which are states by society. That system is natural connected which moral system, based on fundamental values respected by society. That two values set formal aspect of social dialog. It means, that they indicate terms which have to be met to express the will of social partners. On the other hand, social dialog is material side too. The aim of that principle is common good which is sum of condition needed to develop of an individual. Normativity is a mean to reach this aim.  To sum up the foregoing, social dialog is based on human dignity and two values which are its exemplifications  i.e. autonomy of will and common good.

Establishing an employment relationship with persons performing central government functions supervised by the Prime Minister

The subject of this paper is to analyze employment relationships triggered by appointment of the Prime Minister to a central government administration post, on the basis of selected examples.  Employment is preceded by a competition procedure, by which the Prime Minister selects one of the candidates. Disputes arising in connection with the competition procedure shall be decided by the administrative courts.

The following article describes the issue of the constitutional protection of work, stemming from the provisions of the article 24 of the Constitution of the Republic of Poland. It demonstrates the roots and causes of creation of the legislation protecting work, including also the shaping of work protection in the Second Polish Republic. Further, I analyze the National Labour Inspectorate – as an institution, an instrument serving the purpose of realization of the constitutional rule of protection of work. I discuss the basis and status of the National Inspectorate in the Polish law system. In the conclusion, on the basis of the reports of the Main Labour Inspector,  I try to evaluate the efficiency of the Inspectorate's actions as a guarantor of the realization of the constitutional rule of the protection of work.

The article analyses the key aspects of regulatory framework related to surveillance, monitoring and control by the employer of the use of information and communication technologies targeted at the workplace, the employee and employee's professional or personal information and communication in Lithuania.

In the following study presents a trial of analysis and assessment of rules, which standardize premises, conditioning changes in relations with work of self-government workers employed hereunder employment contract in view of organizational function of working law.

Special legal constructs allow self-government employers making changes in relation to work in way and unpredictable circumstances in general rules of working law, but they also give employees a possibility of applying for modification of their working condition in life situations, which does not provide such opportunities to employees, who are employed on the basis of employment, which is regulated by regulations of employment code.

It is worth answering the question if they fulfill their function, which is if they result in building meritocracy in self-government organization unit.

In view of the protective function of labour law the protection of employment relationship through criminal law appears to be justified. Due to the de facto imbalance between parties to an employment relationship the risk of abuse by the employer of its stronger position is much greater, in comparision with, the contractual relationships. At the same time, in the light of the principle of subsidiarity of criminal law only particularly grave employees rights violations entail the criminal liability. In this regards, the article is going to determine, whether the infringement of the employer's obligation of facilitate professional employee development, that is governed by the Article 17 and Article 96 section 6 of the Polish Labour Code, can be treated as a crime against the employee's right that stem from the employment relationship and is typified in the Article 218 § 1a of the Polish Criminal Code.

Selected labor regulations, in particular associated with compliance with occupational health and safety, in specific situations oblige the employer and employee to make immediate changes in work processes. Certain provisions allow the employee (in order to ensure its safety) the cessation of work, while others require from the employer to immediately transfer the employee to another job. These changes do not require that were maintained any procedures relating to the formal written change in working conditions. The article contains a description of the cases in which the modification is permitted immediate method work. The article describes the situation where there is an obligation to transfer the employee to another job, if you have any of the identified symptoms associated with the formation of an occupational disease, with the right to financial compensatory allowance.

Regulated in art. 132 of the Labour Code, the employee's right to an at least 11 - hour uninterrupted daily rest, together with the regulations on maximum working time standards determines the acceptable sphere of activity of the employee. The rules on working time however do not give satisfactory answers to any emerging problems in the practice of hiring, especially given that employee rights are usually seen as rights of only subordinate employees. For years, dilemmas were presented regarding matters such as the right to rest during a business trip. But it is not the only practical problem. The Author, recognizing the right to rest as a right of every human being, in the context of the provisions on working time, considers the problem of realization of this right in subordinate employment, as well as in relation to persons performing work under civil law contracts. Consideration is also given to the matter of daily rest in the case of additional employment. Each of the pointed out cases causes considerable practical difficulties, especially where the right to rest is seen only as a subordinate employee's right (and it is only in relation to a specific employer) and not a right of a working person in general.

The article discusses protection of labor as the legal and social issue.

The first part of the paper defines the labor, its role and social significance both individually as well as the general public. The job is shown as a common good which requires protection of the state according to art. 24 of the Polish Constitution. The authors discuss the international regulations and constitutional obligations in this regard. The final part of the paper contains authors conclusions about the causes of lack of adequate protection for labor as a social value and the conditions for the protection and development of the value of the labor market.

Analysis of the bonus systems existing in the enterprises in the terms of their compliance with the rules resulting from the management theory and with the requirements of the law

In this article Author stresses, that next to a basic remuneration, components of result are the most frequently appearing benefits connected with work, and in particular bonuses and awards. Their distinction is undoubted in the doctine of labour law, however it is quite commonly mixed up in the theory of HRM  with such an effect, that in practice there appeares  benefits unregulated by law, which are discretionary bonuses. Their legal status is questionable, which must be settled by courts. Author opts for the necessity to assess precisely individual benefits by the definition of award resulting from Art. 105 LL. Therefore he puts forward the thesis that, if a benefit does not comply with award criteria included in LL, it may, against its name,  become a claimable benefit similar to bonus.  At the same time claimability does not occur only in case of executing rigid indicators (as it happens in case of traditional bonuses) but also when it is based only on assessment. Author thinks, that admissibility of assessing work effects by employers cannot constitute the grounds  for arbitrarity and discrimination. Thus, in consequence to these benefits must be used most of the principles of remuneration.

The introduction of a minimum wage is one of the most fundamental changes in the German labour law of the past years. It is one of the main projects of the current German government, within which it is even controversially discussed. This essay outlines the most important advantages that are expected in connection with an introduction of a minimum wage, such as a decrease in social spending and poverty among the elderly, an increase in gender equality and dignified working conditions. Also a reduction of wage dumping through foreign low-wage competition is discussed. Since minimum wages already exist in numerous countries, a look abroad is undertaken. In a second step this essay examines whether or not the minimum wage can live up to its expectations and points out the risks for the labour market and the national economy. Concluding, a brief overview over the most important provisions of the German Minimum Wage Act and how it adapts to the challenges, is given. The practical experience and the reasoned Minimum Wage Act refutes the critics of an introduction. The minimum wage is a courageous step in order to give an answer to some recent, unfavourable developments on the labour market.

Legal Issues of Work Performance Within the Framework of Vocational Training in the Polish Labour Code

Labour Law by its nature deals with paid work performed for alimony purposes. However, the sphere that this law also affects is work performance, which first aims at achieving practical vocational skills or vocational practice. Due to the fact that such type of work may be in some sense without full value, since it is performed by a person not being completely prepared to do such work and thus requiring additional assistance in doing it, a question can be raised about payment for such work. First and foremost, a difficult issue arises how to classify such legal relationship in legal terms or, in other words, whether any such work performance within the framework of practical vocational training should be incorporated in any employment relationship or rather a separate legal relationship should be distinguished that would incorporate work performance aimed at achieving practical vocational skills.

An employment agreement for replacement is an agreement entered into for the duration of one employee's absence, thereby falling into the category of definitive period employment agreements under the Polish Labour Code as of 2002. There is some controversy as to the legal nature of such agreements. Such agreements for replacing employees are intended to support certain interests and functional goals of the employer. I am of the view that an agreement for replacement that is entered into for less than 6 months should be terminated with 3 days' notice without the requirement of any further regulations. For such agreements entered into for more than six months, a provision should be introduced to terminate with a two weeks' notice period requirement. Such agreements do not provide assurances for women employees who are pregnant.

This paper explores the treatment of the elderly in relation to the principle of non-discrimination on the grounds of age. Such discrimination, often a consequence of social stigma, places the elderly at a disadvantage, preventing their full participation, among other areas, in the labor market. I discuss how key steps to achieve an effective age equality strategy have been set down through anti-discrimination legislation and the clarifications of the judiciary, both at EU and Council of Europe levels. The author also emphasizes the need to reach a reasonable balance between turnover rates, even during periods of economic hardships with the promotion of effective remedies against differential treatment of the elderly based on their age.

The autonomy of parties as opposed to the nature of the contract for a definite period of time

The following text is an attempt to underline the problem of the boundaries of the autonomy of parties in definition of the work relation based on the fixed-term contract. The liberty of parties' acting in the aforementioned subject ends when the nature of the contract for a definite period of  time is crossed. The article covers the subject of this law solution in the contemporary legal status as well as after the passing of the proposed amendment of the employment regulations. It's main objective is not an in-depth analysis of the object but only directing one's attention to this problem

The article focuses on the issue of control of employment forms. This control is performed by the National Labour Inspectorate and labor courts. Author examine whether the agreement does not contradict freedom. The article presents the differences between the contract of employment and civil law contract. These differences are becoming more and more difficult to see. The author presents a detailed procedure carried out the inspection process.

The article analyses historical experience of regulating labour relations. It the  historical experience to be analysed and learned at the first place in order to improve legal regulation of labour relations in Lithuania. The main goal of the paper is to formulate proposals and basic guidelines for modernization of contemporary regulation of labour relations in Lithuania using the method of historical analyses. This article defines labour as conscious human activity, which is based on contractual relations performed in order to get the reward for it. After brief analysis of historical regulation of labour relations, these proposals are made in the article. Firstly, to recreate the link between Labour and Civil Law in Lithuania. Secondly, to ensure that modernization of Labour Law is universal and general. Finally, to differentiate legal regulation of labour relations in Lithuania. These suggestions are based on historical experience.

The study analyzes the concept of „social advantages" referred to article 7 paragraph 2 regulation (EU) No 492/2011 of the European Parliament and of the council of 5 April 2011 on freedom of movement for workers within the Union. The analysis was made based on the judgments of the European Court of Justice, according to which the interpretation of the term „social advantages" is performed broadly in line with the objectives of the Union, including not only migrant workers but also their family members.

The article analyzes the concept of the reconciliation of professional, private and family life under European Union (EU) law through the approach of the European Court of Justice (ECJ). The definition of reconciliation is explored by explaining its regulation in EU primary and secondary law, how this has evolved and is regulated at the present time. By examining the relevant ECJ case law the authors present their research of reconciliation's recognition, and reveal the existing issues of the interpretation and application of the institution of reconciliation.

 The European Social Charter, the Council of Europe's social rights treaty sets out a specific right to family reunion in its Article 19§6. The provision is worded in rather general terms and its reach is limited by the Charter's restricted personal scope and by the fact that several States Parties have not accepted to be bound by it. Nevertheless, the European Committee of Social Rights, the quasi-judicial supervisory body of the Charter, has with its principled interpretation founded a right to family reunion which may be the subject of only narrowly defined restrictions and conditions.
While the Committee's case law since the late 1960s has been remarkably consistent, the right to family reunion has come under increasing pressure by the introduction of ever tighter immigration laws in European States, in part authorised by European Union legislation in this field.
The article analyses the key features of the Committee's case law pertaining to family reunion and provides an overview of its most recent findings in respect of the law and practice of the States Parties. On this basis it identifies the main fault lines between the Charter and EU law and alludes to the need for improving coordination and maximising synergies between the two legal systems.

International standards are still import_ant for social security. In times in which globalisation means an increasing form of competition, the old idea that competition should not  take place by means of social security is still valid. Moreover now this globalisation means that countries which so far had been treated as third world countries are rapidly becoming economic powers, it becomes the more import_ant to convince them that a basic form of protection is needed

Negative and positive freedom of association of the social partners in the light of the case law of the ECtHR.

Freedom of association has always been a vital feature od labour law. In modern times it has assumed ever greater importance. The freedom of individuals to associated as an end in itself or with a view to pursuing common projects like trade unions or employre's organizations. The author analyzes the negative and positive freedom of association of the social partners in the light of the case law of the ECtHR. Author takes into acount the issues which under article 11 of the European Convention of Human Rights may not be treated as a a core aspect of trade union  and employer's organizations freedom.

The article is written about the collective agreements from the perspective of the International Labour Organization which — in the two conventions mentioned above — obligates its Member States to promote the idea of collective bargaining between social partners and to support efforts of such social partners aimed at conclusion of collective  agreements. Author presents the case law of the European Committee of Social Rights — a supervisory body within the Council of Europe — that obligates the authorities of the Member States of this international organisation to actively encourage the national social partner organisations to negotiate collective agreements. He concludes that experiences of the international organisations: International Labour Organization, Council of Europe and the European Union prove that the social dialogue and the resulting supranational legal regulations which were originally an alternative method for enactment of the European law within the European Union can and should be used by the  authorities of the Member States and social partners’ organisations in the EU Member States. Use by the government and the social partners’ organisations of the methods of good management of collective labour relations within the European Social Model presented in this study is a valuable supplementation of the presented legal guarantees enabling achievement of the overriding objective of the European Union mentioned in art. 2(1) of the Lisbon Treaty.

Many in the field of labour law have missed the significance of the 2011 Human Rights Council's Guiding Principles on Business and Human Rights, The Employers appeared to be pulling back from any legal definitions imposing a duty on them.  This unexpected stance, which focused on the right to strike, exposed a subject usually not directly addressed; namely, the obligation of companies to abide by workers' rights.   The paper discusses  two major pronouncements on human rights at work and will consider the impact these have had on the acceptance of ILO core conventions.

This essay presents a schematic comparing the legal approach to employer acquisition and dissemination of applicant and employee information in the European Union and the United States.  The schematic sets out seven analytical heads: source of law; scope; form; means of effectuation; conceptual grounding; valence; and the relationship of privacy protection to the freedom of expression.  The essay then examines the meaning of these categories and explores the commonalities and differences between the E.U. and the U.S. under each of them.  It concludes by taking up a common problem: employer access to and use of applicant and employee social media communications.  That specific comparison, on a current and pressing issue, breathes life into the analytical differences and shows that, despite the differences, the actual result "on the ground," so to speak, may not differ significantly; that the remedial situation in both systems may render the protection they afford illusory.

The supply of temporary workers is a complex situation involving a two-fold employment relationship between, on the one hand, the temporary employment business and the temporary worker and, on the other, the temporary worker and the user undertaking, as well as a relationship of supply between the temporary employment business and the user undertaking. The specifics of these triangular employment relationships require a special regulation which would be able to meet both temporary agencies' and user undertakings' needs for flexibility on one hand and employees' needs for security on the other. It is therefore this article seeks to analyze and assess the deficiencies of the regulation on both European Union and national levels, by using the method of systematic analysis for the Directive 2008/104 and the Law on Temporary Employment of the Republic of Lithuania.

 The Services Directive applies to the provision of a wide range of services – to private individuals and businesses – barring a few specific exceptions. In quite a number of cases, fiscal and social fraud are omni-present.  Employers, who want to live up to national laws regarding labour and social security are priced out of the market.  This dishonest competition is a catastrophe for our national labour markets and social security. Control of these illegal activities is difficult due to a lack of information concerning the foreign actors and diligent cooperation between the social inspections of various EU Member States. Urgent measures are necessary to guarantuee the maintenance of bona fide enterprises, employment and the respect of wages- working conditions and social security of the Member States.

 This paper examines the Death of Social Europe, concentrating on the changes taking place to collective bargaining, as an essential foundation of social democracy and social justice.   It begins with Jacques Delors' famous address to the TUC in 1988 in which he promised that every worker would be protected by a collective agreement, and examines the different ways by which collective bargaining arrangements were subsequently woven into the fabric of EU law.   The paper also considers the more recent views of Mario Draghi, and in particular his pronouncement that Social Europe is ‘gone'.   Commission inspired initiatives suggest that this may be the case, most notably in the form of co-ordinated attacks on the collective bargaining structures in a number of member states, these initiatives being variously undertaken for reasons of international competitiveness and austerity, with free trade agreements likely to provide an additional pressure.   The Death of Social Europe invites some examination of fundamental legal principles by which the EU purports to be bound, most notably the rule of law, which appears seriously to be compromised by the developments tracked in this paper.

The Material Scope of the Freedom of Movement of Persons in the European Union

The study discusses the development of the material scope of the freedom of movement of persons in the EU, which is analyzed on the basis of the EU laws and regulations. Special attention is paid to the Court of Justice of EU case-law. A broad perspective on the rights issuing from the freedom of movement is presented. However, the varied character of these rights and lack of coherence between different legal acts and instruments complicates the application of the freedom of movement principle in the EU Member States. Moreover, the EU Member States put into force different obstacles and restrictions in the access to social security schemes and benefits. This problem is addressed by the Court of Justice of EU in numerous legal judgments, where the broad understanding of the freedom of movement is supported.