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    • The binding nature of posting PDA1 issued under EU social security Coordination Regulations and the possible role of national courts
    Authors: Bermejo, Dolores Carrascosa; Millán, Juan Molina;  Advisor: -;  Co-Author: - (2023)

    The EU social security Coordination Regulations envisage a special conflict rule that, under strict conditions, allows posted workers to maintain temporarily the social security insurance of the home Member State. The Portable Document A1 (PDA1), the proof of insurance, is a binding document for the institutions and courts of the host Member State that can only be invalidated or withdrawn by the institutions that issued it or by the corresponding national courts. The case-law of the European Court of Justice has clarified that under certain very specific circumstances a fraudulent foreign PDA1 can be disregarded by a Court, but never invalidated. Communication and collaboration between institutions of the issuing and receiving Member States and the judicial procedures for challengin...