#E2025P0026EFTA Court asked to clarify social security rules for mixed work in Liechtenstein and another EEA state
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This notice does not change the law. It records a request for the EFTA Court to clarify how EU/EEA social security rules apply when a person works both as a self-employed person in one state and in a small political or public role in their state of residence. The practical issue is whether that small paid role should be ignored as "marginal" when deciding which country's social insurance rules apply, and whether a person who already gets an old-age pension at home must still pay compulsory social insurance in the state where the self-employed work continues. This mainly matters for cross-border workers, pensioners who keep working, and the agencies that collect social contributions.
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Key Changes
- Asks the EFTA Court to define when a small paid public or political role counts as marginal for social security coordination.
- Seeks clarification on which country's social insurance rules apply to a person who is self-employed in one state and has a minor employed role in their home state.
- Raises whether receiving a pension in the residence state still leaves the person subject to compulsory social insurance in the state where self-employed work continues.
Obligations
What this law requires
This EFTA Court request asks whether Article 14(5b) of Regulation (EC) No 987/2009 requires marginal political activities in the state of residence to be disregarded when determining applicable social security legislation under Article 13 of Regulation (EC) No 883/2004, or whether additional criteria (such as duration, importance, place, actual performance, or manner of appointment) must also be considered.
The request raises whether income from a political activity in the state of residence that is less than 0.5% of the income from self-employed activity in another Member State is sufficient to classify that political activity as marginal for conflict-of-law purposes.
The request also asks whether a person who already receives an old-age pension in the state of residence must still be subject to compulsory social insurance in the Member State where self-employed activity continues to be pursued, under Article 34(1)(b) and (2)(b) AHVG read together with Articles 13(4) and (5) of Regulation (EC) No 883/2004.
The national measure under challenge is Article 34(1)(b) and (2)(b) of the Liechtenstein Old-Age and Survivors Insurance Act (AHVG), insofar as it is said to require continued compulsory social insurance for a pensioner with ongoing self-employed activity abroad.
This notice itself does not alter the applicable law; it is only a request for an advisory opinion and therefore does not impose a new compliance duty by itself.