LEGAL CONSULTATIONS

ELMI’s experts provide specialised legal consultations in the field of EUROPEAN LAW, taking into account the Polish law as well as the national legal orders of other European Union Member States, including, among others

• labour law
• social security law
• residence and employment rights of third-country nationals

LEGAL OPINIONS

ELMI boasts a team of lawyers and experts who specialise in the interpretation of EU law, drawing on expertise from a wide range of branches and systems of law, as well as on the experience and practice of the courts and institutions of the Union’s Member States. The legal opinions prepared by ELMI in this format lead to providing effective solutions to problems arising from the application of the European legal order governing the rules on the posting of workers.

SECOND LEGAL OPINIONS

ELMI formulates the so-called ‘second legal opinions’, that is, it provides opinions on issues which have already been the subject of disputes, including court litigation. Among other things, ELMI prepares the so-called ‘Amicus Curiae’ opinions containing views relevant to the resolution of court cases, taking into account the context of European law in the proceedings pending before a given court of law.

DOCUMENTATION AUDITS

ELMI’s experts carry out audits of workers’ documents related to the posting of workers to other EU Member States. These audits may include an assessment of employment (or civil law) contracts, documents relating to terms and conditions of employment, social security, etc. The audits aim to ensure compliance with applicable EU law.

INTERVENTIONS IN CASES OF VIOLATIONS OF EU LAW

We intervene in cases of violations of European law by the social partners and the institutions of the host countries. Within the framework of its activities, ELMI monitors and identifies in particular those administrative practices applied by some Member States with protectionist motives. This happens most frequently in the field of cross-border labour mobility as well as services provided within the scope of labour and social security law. Our interventions include an assessment of the degree of violations of European law and support to counteract and prevent their negative effects on employers and their workers.

ADVICE IN PROCEEDINGS BEFORE THE CJEU

We draft questions for preliminary rulings in pending proceedings before the courts of the Member States of the European Union and participate in proceedings before the Court of Justice of the European Union as legal advisers, and our opinions are used in proceedings before that very Court. ELMI’s team of lawyers and experts has unique cutting-edge knowledge and experience gained through involvement in the legislative process of key legal acts in the European Union institutions.