---
title: "European Commission plans to strengthen ELA mandate in the EU; Q3 2026 rollout under Fair Labour Mobility package"
sdDatePublished: "2026-08-31T11:08:00Z"
source: "https://www.europarl.europa.eu/RegData/etudes/BRIE/2026/774755/EPRS_BRI(2026)774755_EN.pdf"
topics:
  - name: "labour"
    identifier: "medtop:09000000"
  - name: "government policy"
    identifier: "medtop:20000621"
  - name: "government"
    identifier: "medtop:20000593"
  - name: "economy"
    identifier: "medtop:20000344"
  - name: "international trade"
    identifier: "medtop:20000373"
  - name: "legislative body"
    identifier: "medtop:20000615"
locations:
  - "Bratislava"
  - "Hungary"
  - "Russia"
  - "Spain"
  - "Ukraine"
  - "Germany"
  - "Sweden"
  - "Poland"
  - "Belgium"
  - "Romania"
  - "Finland"
  - "Cyprus"
---


European Commission plans to strengthen ELA mandate in the EU; Q3 2026 rollout under Fair Labour Mobility package

Strengthening the European Labour Authority – Implementation takeaways of Regulation (EU) 2019/1149

Briefing
Implementation Appraisal
EPRS | European Parliamentary Research Service
Strengthening the European Labour Authority –
Implementation takeaways of Regulation
(EU) 2019/1149
Nora Hahnkamper-Vandenbulcke with Matteo Ricotta, Ex-Post Evaluation Unit
Published: August 2026 | Document number: PE 774.755
In this briefing
•
Background and existing EU policy framework
•
European Commission reports, studies and
consultations in preparation of the revision
•
European Parliament position and oversight
activities
•
Views of the Council of the European Union
•
Views of EU advisory bodies and agencies
•
Expert and stakeholder views
This briefing is one in a series of implementation appraisals produced by the European Parliamentary
Research Service (EPRS) on the operation of existing EU legislation in practice. Each briefing focuses
on a specific EU law that is announced to be amended or reviewed in the European Commission's
annual work programme. Implementation appraisals aim at providing a succinct overview of publicly
available material on the implementation, application and effectiveness to date of that specific EU law,
drawing on input from EU institutions and bodies, as well as external organisations.
Key findings
Freedom of movement is a fundamental right for workers in the European Union (EU), complementing
the free movement of goods, capital and services within the single market. Over the past 30 years,
the EU has developed a comprehensive regulatory framework governing the different dimensions of
labour mobility, such as free movement of workers, coordination of social security systems, take-up
and pursuit of activities as a self-employed person, freedom to provide services, and the common rules
applicable to international transport.
However, in light of uneven enforcement of labour mobility rules across the EU, possibly distorting
competition and limiting workers' rights, the European Labour Authority (ELA) was set up in 2019
EN

by Regulation (EU) 2019/1149. Tasked with ensuring fair labour mobility across the EU and assisting
Member States and the Commission in the coordination of social security systems within the Union,
ELA has, according to a 2025 Commission evaluation, played a crucial role in enhancing cooperation
between national authorities, notably by facilitating and supporting joint inspections on posted and
mobile workers in the sectors most vulnerable to social fraud and abuse.
However, in view of persistent challenges – such as the significant under-utilisation of ELA's mediation
function, ELA's inability to initiate and conduct inquiries and inspections in cross-border cases on its
own initiative, and the lack of an adequate mechanism to monitor the authority's cost-efficiency – the
Commission announced, in its work programme for 2026, a proposal to strengthen ELA's mandate as
part of a 'Fair labour mobility package' in the third quarter of 2026.
Background and existing EU policy framework
Freedom of movement allows workers across the European Union (EU) to live and work in another
Member State, forming an essential part of the single market alongside the free movement of goods,
capital and services. The right of EU citizens to move, live and work freely in any Member State of the
EU is enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU).
The legal basis for EU action on labour mobility spans Articles 46, 48, 53(1), 62 and 91(1) TFEU,
covering respectively the free movement of workers, the coordination of social security systems,
the take-up and pursuit of activities as a self-employed person, the freedom to provide services,
and the common rules applicable to international transport. Over time, the EU has developed a
comprehensive regulatory framework governing these different dimensions of labour mobility.
To facilitate labour mobility within the European Economic Area (EEA),1in 1993 the EU established
the European Employment Services (EURES) network.2 EURES brings together EU institutions,
national coordination offices and partners including employment services, trade unions and employers'
organisations, providing information and support services to workers and employers through an online
portal and a network of advisers.
A further key component of EU labour mobility policy concerns posted workers, employees
temporarily sent by their employer to deliver services in another Member State. Their status is
governed by Directive 96/71/EC on the Posting of Workers, adopted in 1996 to protect workers' rights
and uphold labour standards in host countries, and the related Directive 2014/67 on enforcement. A
full revision of the Posting of Workers directive in 2018 strengthened the principle of equal treatment
between posted and local workers.
Social security of workers, which differs significantly from one Member State to another, is governed
by Regulation (EC) 883/2004 on the coordination of social security systems and Regulation
(EC) 987/2009 on the procedure for implementing it. Under their provisions, workers are subject to
the legislation of only one Member State at a time and therefore pay contributions in a single country,
while being entitled to equal treatment with nationals of that country. A proposed modernisation
of these rules was, after years of negotiations, provisionally agreed between the co-legislators in
April 2026. After formal approval by Parliament on 7 July 2026, the new rules now await adoption by
the Council.
2
European Parliamentary Research Service

In 2016, the Commission also put in place a European platform to tackle undeclared work (hereafter
the 'Platform'), bringing together bodies such as labour inspectorates, social security agencies and tax
authorities. Its mandate focused on EU-wide cooperation to prevent and deter abusive practices.
Despite this framework, enforcement of labour mobility rules proved to be uneven across Member
States,3 and the contribution of the Platform had, in 2020, not reached its full potential due to the
uneven participation of Member States.4 These persistent gaps led Commission President Jean-Claude
Juncker to call, in his 2017 State of the Union speech, for a new European body to enforce labour
mobility rules 'in a fair, simple and effective way'. As a result, the 'European Labour Authority' (ELA)
was established by Regulation (EU) 2019/1149 (hereafter the 'ELA Regulation'). ELA is one of the
five decentralised agencies under the remit of the Commission's Directorate-General for Employment,
Social Affairs and Inclusion (DG EMPL). Since September 2021, its headquarters are in Bratislava,
Slovakia.
Upon its creation, ELA took over several existing structures and instruments supporting the
implementation of EU labour mobility and social security coordination rules. A number of expert
groups and technical bodies were discontinued, with their tasks transferred to the authority.5 The
Platform was also dissolved and integrated into ELA as a permanent working group. By contrast, the
EURES network was transferred in its entirety to the authority, including its governance structures
within the Commission.
ELA's entry into operation coincided with the COVID-19 pandemic, which significantly limited its
early operational capacity. The agency initially struggled to pursue its mandate effectively, as it was
still in the process of recruiting staff and only moved to its premises in Bratislava in September
2021.6 Recent developments in the EU labour market, such as the rise of platform work and increasing
demand for non-EU workers, have created new challenges for labour mobility going beyond ELA's
original mandate.
The combined effects of the pandemic and subsequent economic shock have also aggravated the
persistent structural shortages affecting the EU. According to the 2025 EURES report, many sectors
across Europe continue to face labour and skills shortages. Medical and nursing professions, as well
as those linked to the green transition, feature among the most widespread and severe shortage
occupations, a trend that has become more pronounced since the COVID-19 pandemic. This could
partly be mitigated through consistent application of EU and national rules on cross-border mobility,
allowing workers to move between Member States and fill the existing labour market gaps.
The Commission has responded by prioritising fair labour mobility among its 2024-2029 priorities,
aiming to improve the competitiveness of the EU's workforce and companies. It has laid the
groundwork for a series of initiatives to strengthen labour mobility across the single market, reducing
administrative burdens, simplifying procedures and improving implementation of existing rules. The
Union of Skills strategy, launched in March 2025, indicated that the 'proper enforcement of labour
mobility rules, including with the support of the European Labour Authority (ELA), is of paramount
importance to build a well-functioning Single Market.'
In its 2026 work programme, the Commission announced a 'Fair labour mobility package' in the
third quarter of 2026, including a communication and three legislative proposals: a European Social
Security Pass (ESSPASS), a stronger ELA mandate and a Skills Portability Initiative (SPI).The package is
expected in September 2026.
3
Strengthening the European Labour Authority – Implementation takeaways of Regulation
(EU) 2019/1149

To support its preparation, the Commission launched stakeholder consultations during the
Implementation Dialogue on Fair Labour Mobility, held in Brussels on 16 September 2025. This
was followed by a series of public consultations on the fair labour mobility package (5 January to
2 February 2026), the strengthening of the European Labour Authority through a mandate review
(5 December 2025 to 2 January 2026), the Skills Portability Initiative (5 December 2025 to 27 February
2026), and the European Social Security Pass (22 January to 16 April 2026).
This briefing covers the strengthening of the European Labour Authority under the fair labour
mobility package.7 Several policy options are under consideration, including a targeted or broad
revision of Regulation (EU) 2019/1149, governing ELA.
Main provisions of Regulation (EU) 2019/1149 ('ELA Regulation')
ELA's scope and objectives
Regulation (EU) 2019/1149 establishing the European Labour Authority was adopted on 20 June 2019
and entered into force on 31 July 2019.
As set out in the recitals, one of the main reasons for establishing ELA was to ensure stronger
cross-border enforcement of EU labour mobility rules and tackle abuse in order to 'protect the rights
of mobile workers and to foster fair competition between companies, in particular small and medium-
sized enterprises (SMEs)' (Recital 5). Similarly, the co-legislators considered that 'improving access to
information for individuals and employers, in particular SMEs, about their rights and obligations in the
areas of labour mobility, the free movement of services and social security coordination, is essential to
allowing them to benefit from the full potential of the internal market' (Recital 7).
Article 1 establishes the authority and outlines the scope of its activities. These cover free movement
of workers and EURES, posting of workers, social security coordination, and social aspects of
international road transport rules. Within this scope, ELA's general objective is 'ensuring fair labour
mobility across the EU and assist Member States and the Commission in the coordination of social
security systems within the Union' (Article 2).
More specifically, ELA is to ensure the availability, quality and accessibility of labour mobility
information (Article 5), including by verifying the accuracy of national and EU websites t