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Strengthening the European Labour Authority - implementation takeaways of Regulation (EU) 2019/1149
Strengthening the European Labour Authority Implementation takeaways of Regulation (EU) 2019/1149
Nora Hahnkamper-Vandenbulcke with Matteo Ricotta, Ex-Post Evaluation Unit
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 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.
Purpose statement (this title will not be shown in the final layouts)
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.
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), 1 in 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.
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.
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 through translation services and peer review and providing relevant information on labour mobility to the 'Your Europe' portal. It may also organise campaigns and events to highlight good practices in sectors particularly affected by labour mobility.
The authority is also responsible for the management of the EURES network and the provision of its services to individuals and employers. These include facilitating the matching of jobseekers' profiles with available posts and placements throughout the EU labour market (Article 6). The regulation entrusts ELA with the supervision of the European Coordination Office (ECO), the management body of EURES. ELA is therefore responsible for the governance of the EURES network.8 However, the technical operation and development of the EURES portal and its related IT services continue to be managed by the Commission.
ELA also supports cooperation and exchange of information between Member States (Article 7), including through the 'Internal Market Information' (IMI) system (Article 7(3)).9 Moreover, Article 7(4) requires ELA to encourage the use of innovative approaches to cross-border cooperation and promote electronic exchange mechanisms and databases between the Member States to facilitate access to data in real time and detection of fraud.
Under Articles 8 and 9, concerted and joint inspections (CJIs) may be carried out with ELA's support at the request of one or more Member States. These operations aim to verify compliance with labour mobility rules in cross-border situations. Concerted inspections run simultaneously across two or more Member States regarding related cases, with each national authority acting within its own territory, while joint inspections take place in a single Member State with the participation of authorities from one or more others. ELA staff may support both types of inspections where deemed appropriate.
The terms and conditions of CJIs, including the scope and purpose of each inspection, must be laid down in an inspection agreement between the participating Member States and ELA (Article 9(1)). Where a Member State considers that there are valid reasons not to participate, it must provide written reasons to ELA and the other Member States, and may carry out its own inspection independently (Article 8(4)). At the latest six months after the end of the inspection, the Member State carrying out a CJI shall report to ELA on the outcome within that Member State and the overall operational running (Article 9(6)). If ELA, during CJIs or otherwise, becomes aware of suspected irregularities breaching EU law, it may report them to the Member State concerned and the Commission, but is not obliged to do so (Article 9(9)).
In 2025, ELA carried out 138 CJIs, representing a 17 % increase compared to 2024 and the highest number of CJIs supported in a single year, and resulting in checks of approximately 7 284 workers and 527 companies across multiple sectors.10
The agency is also – in cooperation with Member States and, where appropriate, the social partners – required to carry out risk assessments and analyses regarding specific challenges in labour mobility and social security coordination (Article 10). Furthermore, it supports national administrations through capacity-building measures aimed at promoting consistent enforcement of Union law (Article 11).
The Platform, in tackling undeclared work, operates as a permanent working group within ELA (Articles 12 and 16(2)), where it has been active since 2021. Its mandate is to support the exchange of best practices and information between Member States as well as capacity-building on tackling undeclared work. The Platform brings together a senior representative from each Member State, a Commission representative, and up to four cross-industry EU-level social partner representatives.
Where disagreements arise between Member States over the application of EU labour mobility law in individual cases, ELA can launch a mediation procedure (Article 13), either at the request of one or more of the Member States concerned, or on ELA's own initiative (Article 13(2)). Participation in the mediation procedure is voluntary and opinions adopted by the mediator are non-binding. If no agreement is found in the first stage of mediation, ELA is required to launch a second stage before its Mediation Board (composed of experts from Member States other than those party to the dispute). Specific rules of procedure governing the functioning and working methods of the process are adopted by the Management Board (Article 13(6)).
To avoid overlaps, ELA may conclude cooperation agreements with other relevant Union agencies, including the European Centre for the Development of Vocational Training (Cedefop), the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA), the European Training Foundation (ETF), the EU Agency for Law Enforcement Cooperation (Europol) and the EU Agency for Criminal Justice Cooperation (Eurojust) (Article 14).
ELA's institutional setup
ELA's administrative and management structure consists of the Management Board, the Executive Director and a Stakeholder Group (Articles 16 to 23 and 34).
The Management Board (Articles 17 to 21) provides ELA's strategic orientation and adopts its annual budget and financial rules, as well as the consolidated annual activity report.
The Executive Director, appointed by and accountable to the Management Board, is responsible for ELA's management, its legal representation and the implementation of its tasks and budget, for a renewable five-year mandate (Articles 22 and 34). Since December 2020, ELA's Executive Director is Cosmin Boiangiu.
The Stakeholder Group has an advisory function and is composed of two Commission representatives and 10 Union-level social partner representatives (Article 23).
ELA's strategic and operational planning is set out in the 'Single Programming Document' (Article 24), covering the multiannual and annual programming of the agency. It is presented each year by the Executive Director, taking into account opinions from the Commission and the Stakeholder Group, and is adopted by the Management Board.
A fundamental role in ELA's governance is played by National Liaison Officers (NLOs), seconded national experts designated by each Member State (Article 32). NLOs facilitate cooperation and information exchange between Member States, coordinate CJIs and serve as national contact points.
In 2025, ELA achieved an occupancy rate of 95 %, with 138 staff positions occupied out of 145.11
By 1 August 2024 and every five years thereafter, the Commission must evaluate and report to the European Parliament, the Council and the Management Board on the authority's performance, addressing in particular the experiences gained from the mediation procedure and assessing 'the need to modify the mandate of the Authority and the scope of its activities'. Where the Commission considers that ELA's continuation is no longer justified, it may propose that the regulation be amended or repealed, and the findings of any evaluation must be made public (Article 40).
European Commission reports, studies and consultations in preparation of the revision
Commission evaluation report
On 26 May 2025, with a slight delay, the Commission released its evaluation report, accompanied by a staff working document . The evaluation covered the period from July 2019, when the ELA Regulation entered into force, until the end of the first half of 2023, taking into account the COVID-19 pandemic and Russia's war of aggression against Ukraine as relevant factors shaping the early development of the agency. To support the evaluation, the Commission conducted a public consultation on ELA's implementation between October 2023 and January 2024 and requested an external supporting study , published in May 2025.12
The public consultation gathered a total of 142 valid contributions , mostly from public authorities (60) and EU citizens (42), alongside academic institutions, trade unions, NGOs and business associations. The main reasons mentioned by respondents for engaging with ELA were its role in cross-border labour mobility, the wish to improve the quality and impact of their own work, and the lack of an equivalent national or EU body offering the same service. ELA's activity was considered mostly visible at the national level, with only 6 % of respondents considering it not visible and 4 % unaware of ELA's existence.
The majority of respondents reported engaging with ELA mainly on the provision of labour mobility information and support for cooperation among Member States, rating these services positively in terms of time and/or resource savings. Conversely, the mediation of disputes between Member States was the least reported activity, with only 30 % rating it of high quality and 17 % unaware of ELA's work in that field. Overall, the protection of workers' rights in cross-border mobility (including the posting of workers) and the fight against undeclared work were identified as ELA's most relevant activities. Some respondents (27 %) also pointed to additional priorities for the agency's future work, mentioning third-country workers, support for individual mobile workers, labour exploitation and the extension of ELA's remit to additional areas (e.g. to other sectors of international transport than the one on the road).
As outlined in its evaluation report, the Commission's assessment of ELA's performance is broadly positive. It concludes that ELA has played a crucial role in enhancing cooperation between national authorities, facilitating and supporting joint inspections on posted and mobile workers in the sectors most vulnerable to social fraud and abuse. The assessment is structured around the five evaluation criteria set out in the Better Regulation guidelines.13
In terms of effectiveness, ELA made progress on its core objectives, although unevenly. This was partly a reflection of the authority's need to prioritise certain activities set by the Management Board during its early years of development.
The report highlights significant results achieved by ELA in facilitating access to labour mobility information. Stakeholders, including public administration representatives and EU-level social partners, responded positively to its outreach efforts (such as information campaigns and translation services), although a conclusive assessment of its effectiveness was not possible due to the absence of performance indicators. However, social partners expressed the need to make the provision of information even more easily accessible. Challenges were also identified around the EURES portal and related IT services, due to the unclear division of responsibilities between ELA and the Commission. The transition of the EURES European Coordination Office from the Commission to the authority was nonetheless considered successful.
As to Member State cooperation, the facilitation of CJIs stands out as one of ELA's most effective activities. The report underscores in particular their value in allowing inspectors from different Member States to share knowledge and inspection practices, while noting that their potential can be further explored and their success has proved to be inherently dependent on Member States' active participation throughout the inspections. Analysis and risk-assessment were not initially treated as a priority by ELA, with its efforts largely limited to mapping activities. Capacity-building activities proved much more impactful and were highly appreciated by stakeholders, although initially organised on an ad hoc basis.
The mediation function is found to be significantly underutilised. By the end of the evaluation period, only four cases had been handled, three of which were closed prematurely and only one pursued and settled. This low uptake is partly explained by the fact that the procedure only became fully operational towards the end of 2022, making it premature to draw definitive conclusions on its effectiveness. Considering the voluntary nature of this procedure, other factors are also likely to have played a role, including limited awareness of Member States, political sensitivity or concerns about exposure to misapplication of EU law.
Finally, the Platform was effectively transferred from the Commission to ELA, but with scope for further development in terms of synergies with other ELA activities.
On efficiency, the report notes that the absence of an adequate monitoring system made it impossible to robustly assess ELA's cost-effectiveness during the evaluation period. Stakeholder feedback14 was nonetheless broadly positive, with most agreeing that ELA 'demonstrated a sufficient level of cost-efficiency, with benefits of its activities that generally outweighed the costs.'15 In terms of operational efficiency, however, the authority encountered significant obstacles. In particular, it achieved financial autonomy only in May 2021, consistently recording low budget execution rates as a result of initial difficulties with setting up. These challenges further complicated workload management and budget implementation. Despite notable improvements on these fronts during the evaluation period, the report concludes that operational performance can be significantly improved without additional resources.16
ELA's activities are also found to be coherent with the broader EU policy governance framework on labour mobility. The authority notably collaborated with various Commission departments and national authorities on the application of updated rules on labour mobility, such as the revised Posted Workers Directive, Mobility Package I for road transport and the Single Digital Gateway Regulation. Moreover, it successfully established cooperation agreements with other agencies, including Eurofound, Cedefop and EU-OSHA. In-depth interviews with stakeholders identified no major overlaps between these organisations, although they pointed to the need for stronger cooperation with Europol and the ILO. The report also notes that ELA can extend its intervention to third-country nationals, officially not covered by the scope of the founding regulation, when they are exposed to risks related to intra-EU mobility or posting.
As regards its EU added value, the authority has, according to the report, served as a central 'hub' for intra-EU labour mobility coordination, offering a more systematic and transparent enforcement framework than bilateral Member State efforts. However, ELA's mandate constrains the authority from reaching its full potential, as information on rights and obligations remains fragmented due to the lack of EU-level coordination and the diversity of national systems.
Finally, ELA's mandate and objectives are found to remain highly relevant in light of increased EU labour mobility, labour shortages, and the green, digital, and demographic transitions.
Within the existing mandate, the Commission identifies several priority areas for improvement such as: the development of a monitoring system based on SMART objectives17 and measurable key performance indicators; more effective information campaigns; deeper integration of EURES into ELA core activities, further building on labour mobility analysis; improved operational efficiency without additional resources (through a better balance between in-house expertise and external contractors and the conversion of seconded national experts into statutory staff); and greater integration of digital tools within ELA's operations.
Despite room for improvement under ELA's current mandate, the report also identifies certain structural limitations constraining the authority's full potential, with targeted modifications of its mandate (such as enhanced competence in data handling, improved information exchange with Member States, a clearer framework for ELA's role vis-à-vis third-country nationals, and its responsibilities regarding the development of EURES) possibly strengthening its efficiency and effectiveness. In case of changes to the mandate or scope, the report calls for a prior comprehensive analysis of needs, costs, benefits and potential side effects.
Call for evidence and public consultation
From 2 December 2025 to 2 January 2026, the Commission launched a call for evidence (CfE) for an impact assessment on strengthening ELA, providing stakeholders and the wider public with the possibility to complement or update the input provided during the evaluation of ELA.
Based on the 2025 evaluation, the CfE sets out three possible options for future action (see details on feedback received from stakeholders on these options under the section on 'Expert and stakeholder views' below).
The first option, defined as a 'baseline' scenario, envisages no revision of the ELA Regulation. A communication under the fair labour mobility package, accompanied by an action plan adopted by the authority, would set out how the evaluation's recommendations could be implemented within the current mandate (including clarification of ELA's role in tackling labour exploitation of third-country nationals, guidance on the use of its mediation function and an outline of solutions to challenges faced by workers and employers in border regions).
Beyond the baseline scenario, two alternative legislative interventions are also under consideration: a targeted or a broad revision of ELA's founding regulation.
On the one hand, the targeted revision of the ELA Regulation would adjust ELA's mandate and potentially its scope of action. Drawing on the evaluation, the measures envisaged include, inter alia, a reallocation of responsibilities for EURES, the strengthening of ELA's supporting function vis-à-vis employers and workers, the possibility for the authority to process personal data and access IMI and company registers to support national social partners, and the provision of tailored information to relevant stakeholders. Functions that have shown limited added value could also be scaled down. Such a revision would also further seek to improve the functioning of CJIs (including clearer and more detailed conditions for inspection arrangements, the introduction of a case management system, and a sharper operational focus on analytical and risk assessment activities).
A broad revision, on the other hand, would examine whether ELA's scope should extend beyond labour mobility, covering new areas such as an enhanced role in assisting third-country nationals beyond cross-border situations and in identifying cases of trafficking in human beings. This might, however, require broadening the regulation's legal basis18 or amending further legal acts.
European Parliament position and oversight activities
Parliamentary resolutions
In the run-up to ELA's establishment in 2019, Parliament adopted a couple of non-legislative resolutions calling for a strategy to improve working conditions across Europe through better labour inspections and a dedicated EU Labour Authority.19
Shortly after ELA becoming operational and the outbreak of the COVID-19 pandemic, Parliament adopted, in June 2020, a resolution on European protection of cross-border and seasonal workers during the COVID-19 crisis. The resolution addressed the pandemic's impact on mobile workers and touched upon ELA's role in this context.
Similarly, in its resolution of May 2021 on the impacts of EU rules on free movement of workers and services, Parliament highlighted the particularly vulnerable situation of frontier, posted, seasonal, cross-border, migrant and other mobile workers during the COVID-19 pandemic (paragraphs 10 and 29) and called for improved implementation and enforcement of existing rules (including via the establishment of a one-stop helpdesk for workers and future employers on applicable EU rules, based both digitally and physically within ELA (paragraphs 18 and 38). In addition, Parliament called for a Commission evaluation of ELA's mandate, to be carried out at least two years after the authority becoming fully operational (paragraph 39).
In November 2021, Parliament adopted a resolution on the introduction of a European Social Security pass for improving the digital enforcement of social security rights and fair mobility, calling on the Commission to accelerate its plans for a digital European social security pass (ESSP; paragraphs 3 and 8) and to clarify ELA’s role in the ESSP's design and implementation (paragraph 14).
To ensure a well-functioning and efficient ELA, Parliament, in a resolution on a roadmap towards a social Europe, two years after the Porto Social Summit, adopted in May 2023, called on the Commission 'to make use of the opportunity presented by the evaluation due on 1 August 2024 to submit a legislative proposal to review the scope of the ELA's founding regulation and realise its full potential, especially concerning the ELA's inquiry powers' (paragraph 24).
In its resolution of January 2024 on the revision of the European Labour Authority mandate – timed so as to feed into the Commission evaluation scheduled for August 2024 – Parliament called for a substantial strengthening of ELA's mandate so that it can investigate breaches or non-application of EU law and initiate and conduct inquiries and inspections in cross-border cases on its own initiative, particularly in case of breaches of EU law or where national authorities have not followed up on alleged breaches and after notifying the national competent authorities (paragraph 2). Moreover, the resolution calls to extend ELA's mandate to labour mobility of third-country nationals, with particular attention being paid to bogus posting and bogus self-employment, and to include sector-specific EU labour law – e.g. in the transport, construction and agriculture sectors as well as for temporary agency work – within ELA's mandate (paragraphs 4 and 11). Importantly, the resolution also calls for sufficient resources and more permanent staff (paragraph 19).
Finally, in its decision on the 2024 discharge of EU agencies of 29 April 2026, Parliament granted ELA's Executive Director discharge in respect of the implementation of ELA's budget and approved the closure of ELA's accounts for the financial year 2024. However, in view of a public procurement contract deemed irregular by the European Court of Auditors and shortcomings in ELA's ex ante checks in the area of contract implementation,20 Parliament, while welcoming ELA's corrective measures, urged ELA to strengthen its planning and prioritisation mechanisms to ensure efficient use of appropriations and timely implementation of operational activities in the future (paragraph 57).
Moreover, Parliament noted with concern that the absence of a SMART monitoring system hindered the assessment of the cost-effectiveness of ELA's activities and undermined the quality of performance monitoring (paragraph 90). Parliament also expressed concern regarding ELA's excessive reliance on temporary staff for core operational and financial functions, observing that at the end of 2022, temporary workers represented 58 % of ELA's workforce, and despite a slight reduction, the proportion remained very high at 47 % at the end of both 2023 and 2024 (paragraph 91). As ELA should be a role model in labour standards, it should seek to offer longer contracts which would be in the interests of staff, continuity of business, and knowledge retention (paragraph 92).
Selection of parliamentary questions
Members of the European Parliament (MEPs) have raised a number of questions relevant to strengthening ELA's powers, mandate and tasks during Parliament's ninth and tenth legislative terms.
The scope of ELA's enforcement powers featured in a question of July 2022, shortly after the authority's establishment. Manu Pineda (The Left, Spain) asked whether the European Commission would refer allegations of labour rights violations at a Spanish naval station to ELA. The Commission clarified that direct involvement in complaints and inspections actually falls outside the authority's mandate. More recently, further questions concerned the possibility of extending ELA's mandate. A group of S&D MEPs (Marit Maij, Gabriele Bischoff, Marc Angel, Estelle Ceulemans, Marianne Vind and Johan Danielsson) highlighted the issue of the exploitation of non-EU truck drivers in April 2025. The Commission replied that non-discrimination rules are already in place, while also highlighting the envisaged ELA mandate review under the single market strategy. In June 2026, Raphaël Glucksmann, Kathleen Van Brempt and Klára Dobrev (all S&D) linked allegations of forced labour at a Hungarian BYD manufacturing site to ELA's lack of investigative powers, asking whether the authority might gain the power to launch cross-border inspections on its own initiative. The Commission had not replied at the time of writing.
Finally, on 16 March 2026, EMPL held a hearing with all agencies under its remit, including ELA, in which Cosmin Boiangiu explained ELA's priorities for the coming years and answered MEPs' questions on, inter alia, ELA action to combat fraud and social dumping (including digital solutions), resources for labour inspectorates and the staffing situation at ELA.
Views of the Council of the European Union
In its conclusions on improving the working and living conditions of seasonal and other mobile workers, adopted in October 2020, the Council recognised seasonal and other mobile workers' particular exposure to adverse working and living conditions and the risk of exploitation across the EU (paragraph 1). In relation to ELA, the conclusions invite ELA to support Member States in the provision of information and coordination of CJIs and cooperate – until their full integration in ELA in 2021 – with the Platform (to foster awareness of rights and obligations among seasonal and other mobile workers and employers in order to promote the transition from undeclared to declared work), and invite EURES national counterparts to develop specific activities and materials related to seasonal and other mobile workers (paragraphs 53 to 56).
More recently, in December 2024, the Council adopted conclusions on tackling labour and skills shortages in the EU: Mobilising untapped labour potential, stressing the importance of labour inspections – also with possible support from ELA in cross-border situations – in tackling all forms of illegal work and unequal treatment, which would affect disadvantaged groups, and promoting decent working conditions (paragraph 25).
Moreover, in 2023, the Belgian Council Presidency issued a report on fair mobility in the EU and ELA's role. While welcoming the success and number of CJIs, the report identified the need for additional efforts to enhance their effectiveness and raise awareness. The report also includes recommendations on access and exchange of information, the Platform and the mediation procedure.
Views of EU advisory bodies and agencies
European Economic and Social Committee (EESC)
In December 2025, the EESC, in an opinion on the single market strategy, expressed its support for strengthening ELA, recommending that its remit be extended to third-country workers, and welcoming the expansion of its operational competences (paragraph 1.8) as well as enhanced efficiency (through, inter alia, strengthened competences in handling personal data and additional staff, para. 4.3.11).
Expert and stakeholder views
The list of positions below aims to provide an overview/flavour of the debate and is not intended to be an exhaustive account of all the different views.
The 2026 CfE, while being mainly addressed to national bodies with experience of working with ELA, gathered a total of 56 replies, mostly from EU citizens (23 %), public authorities (21 %), trade unions (19 %) and business associations (19 %).
Several EU citizens advocated stronger action against cross-border labour abuses such as bogus self-employment, letterbox companies and social security fraud, alongside clearer information and better digital tools for workers and employers.
Responses from public authorities presented a rather nuanced picture. Most national ministries, labour inspectorates and public employment services, including the State Labour Inspection of Poland and the Finnish Ministry of Social Affairs and Health, supported a targeted revision, stressing the need for clearer data-processing rules from completed CJIs, better EURES tools, and improved coordination without a fundamental shift in ELA's nature. Others, such as the Belgian EURES National Coordination Office and the Department of Labour of Cyprus expressed support for a broad legislative revision, arguing that expanding ELA's mandate is necessary to address the full range of challenges facing mobile workers, including third-country nationals. By contrast, the Romanian EURES National Coordination Office expressed support for improving ELA within its current mandate, complemented by the envisaged communication on key challenges and an action plan, with a particular focus on developing EURES through AI and digital tools. The Polish Chief Inspectorate of Road Transport took a more conservative stance, opposing any extension of ELA's operational role that could encroach on national competences, particularly in road transport enforcement.
Trade unions consistently supported a strengthening of ELA's mandate, with most favouring either a targeted revision or a broad legislative overhaul. Several confederations, including ETUC, CGIL and ÖGB, argued for an enhanced enforcement capacity, including the right to initiate or follow up on CJIs, access to cross-border data and sanctioning powers against non-compliant employers. Other unions focused on seasonal workers in the agri-food and tourist sector, such as EFFAT, called for extending ELA's mandate to cover third-country nationals and directives such as the Seasonal Workers Directive and the Employers' Sanctions Directive. Sectoral trade unions in civil aviation, such as EurECCA, argued that ELA's mandate should explicitly confirm coverage of cabin crew workers, whose employment conditions remain characterised by legal uncertainty. Explicit coverage would enable national authorities to draw on ELA support in cross-border aviation cases, as labour inspectorates currently lack expertise in such matters and defer to civil aviation authorities. However, a recurring concern across contributions was the insufficient institutionalisation of social partner involvement in ELA's governance and operational activities, particularly in inspection procedures and mediation.
Finally, among business organisations, the large majority opposed a revision of the ELA Regulation at this stage. European employers, represented at EU level by BusinessEurope, SGI Europe and SMEunited, along with the Confederation of Swedish Enterprise, endorsed the scenario with no revisions envisaged, arguing that ELA has yet to fulfil its existing mandate and that a new negotiation risks entrenching structural problems rather than resolving them. Key priorities included improving information provision to employers, particularly on posting rules, establishing an ELA helpdesk and ensuring that inspections remain strictly voluntary for Member States. Several submissions emphasised that ELA must not interfere with national labour market models or collective bargaining autonomy. The German Employers (BDA) were particularly critical of ELA's performance to date, questioning its added value given the resources already allocated to it.
Endnotes
Classification
Policy areas: Evaluation of Law and Policy in Practice | Employment
Regions: European Union
Committees: Employment and Social Affairs (EMPL)
Statement on the use of AI
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