Monday, 20 March 2023, Düsseldorf, NRW, Germany: Premier Hendrik Wüst received Italy’s Ambassador Armando Varricchio for his inaugural visit to the State Chancellery. The exchange focused on the close relations between the two countries, and the further expansion of the partnership with the Piedmont region, which was concluded last year.
Premier Hendrik Wüst as per statement below written in the German-language: “For us, Italy is a focal country in our relations and an important partner in Europe. Many people in North Rhine-Westphalia have Italian roots, and our civil society and economic ties are close. Together we face great challenges. The Russian war of aggression against Ukraine has once again made clear to us how important it is to have a strong and capable European Union. This is what we are working for together with Italy. Our Union becomes even stronger when individual regions are also connected with each other. With our Italian partner region Piedmont, we are therefore working on concrete projects with added value for both sides on the topics of artificial intelligence, hydrogen and autonomous driving. At the same time, we are strengthening cohesion in Europe with our regional partnership.”
Another topic of the exchange was Premier Hendrik Wüst’s upcoming trip to Rome from Wednesday to Thursday, 22-23 March 2023. On Thursday, the Premier will meet The Bishop of Rome, Franciscus I in a private audience, and political talks are also planned.
Background North Rhine-Westphalia and Italy
Italy is an important partner for North Rhine-Westphalia. With a trade volume of 23.8 billion euros (2021), Italy is North Rhine-Westphalia’s sixth largest trading partner, ahead of Poland and after the USA. Around 400 Italian subsidiaries with 16,400 employees are based in North Rhine-Westphalia. More than 141,300 Italians live here – one in four Italians living in Germany. There are currently 17 town twinning agreements between North Rhine-Westphalia and Italy, including Cologne with Turin, Unna with Pisa and Oberhausen with Iglesias.
European Times(17.03.2023) – On 9-10 March, the head of the regional council of Kirovohrad Oblast (region), Sergii Shulga, visited European institutions in Brussels to raise awareness about the future of his region in the EU and the global context. Kirovohrad Oblast is a region in central Ukraine that had a population of about a million inhabitants before the war. Only a limited number of local Ukrainians have decided to leave this highly agricultural region as the population mainly lives off the land but with the war raging in the Donbass, about 100,000 displaced persons have suddenly modified and increased the local demography.
Human Rights Without Frontiers met Sergii Shulga and interviewed him.
HRWF: Russia has invaded parts of Ukraine and has caused a lot of damage. Was your region affected as well?
S. Shulga: Since February 2022, Russia has launched over 20 missile attacks on the Kirovohrad region. Last night, there was a hit on the infrastructure again. But we are strong. And we believe in victory. So after it, we will rebuild our economy.
HRWF: Why did you come to Brussels and who did you meet?
S. Shulga: Up to now, no Ukrainian region has taken the initiative to send its highest representatives to Brussels to contact there the missions of the EU regions and identify possible partners for the reconstruction.
I met and talked with Lucas Mandel, an Austrian member of the European Parliament. He is a reliable supporter of Ukraine. He visited our country a few times. He knows our realities and he is quite supportive of any initiative that can be beneficial to Ukraine.
What is important for us in Ukraine is to have concrete solidarity partnerships, not only with regions but also with organizations of the European Union.
I had a meeting with the Secretary General of the Assembly of European Regions, Mr. Christian Spahr, to discuss some joint cooperation in the Regional Youth Council, where the Kirovohrad Region has delegated two representatives. One of them has recently become the head of the Mental Health Committee.
I also talked with Mathieu Mori, the Secretary General of the Congress of Local and Regional Authorities. He is a key person for the future development of our network between the Kirovohrad region and the EU regions as he was elected in October 2022 for a period of five years.
As Sweden is currently holding the EU presidency until 30 June, I discussed with the Head of the Southern Sweden Office which represents five regions to envisage potential partnerships. I also had talks with the head of the Lower Austrian Region, the head of the Representation of Carinthia Land as well as representatives of two regions of Slovakia: Bratislava region and Trnava region. The purpose is to put in place various forms of collaboration with our region.
HRWF: What are your current needs?
S. Shulga: The economy of our region is massively of agrarian nature. Ninety-five percent of the income of our region comes from our agricultural activities. In our region, there are 2 million hectares of rich lands to be cultivated. They were rather spared from the war as the Russian shelling was mainly targeting energy infrastructure and housing: no explosions, no mines and no demining necessity, no holes, no tank carcasses, no toxic products or pollution in our fields.
Last year, through the ports of Mikolayev, Kherson and Odessa we exported four million tons of our grain, corn, sugar beet and sunflower seeds, mainly to the Middle East and Africa. We all know how difficult the negotiations were to break Russia’s blockade of our ports and how fragile this agreement with Russia remains. Brussels needed to know that he Kirovohrad Region helps feed the world with its rich lands. That is also the reason why I needed to come to Brussels. Ukraine needs to get back its Russian occupied territories, especially along the sea.
HRWF: What will be your objective when you are back in your oblast?
S. Shulga: I would like to organize a conference in Brussels in May to give the opportunity to the Kirovohrad Region to present themselves to the European Union. I informed the Head of the Ukrainian Mission to the EU, Mr. Vsevolod Chentsov, about this project and already invited him. This will be part of the process of opening the road to our EU membership. We need and love the EU but the EU also shows with its massive investments that it needs Ukraine and loves Ukraine.
As working from home becomes more and more common, there are also employees who want to work remotely from a country other than where the company is located or as a digital nomad without a fixed workplace. What do Dutch employers have to keep in mind when employees want to work from home abroad?
In 2023, working from home has become rather common. In times of COVID-19, many employees have started working from home. Working from home can even be done while staying abroad. For example, an employee may want to work from home abroad because of personal circumstances such as an illness of the employee himself or family members, or a wedding abroad, as well as to spend the winter in a sunny country.
However, cross-border working from home can have unexpected consequences. Do employees need a permit if they want to work from abroad? Or conversely, do employers need a permit to allow someone to work in another country? Will the home-working country become the new working country? And in which country do social security contributions have to be paid? These are all examples of legal dilemmas employers face when employees want to work from home abroad.
1. Permits
If you have an employee who wants to work from home abroad, you have to keep in mind that you may need to apply for a work permit for this employee.
First, of course, employees must have a residence permit for the country where they want to work from home. If employees do not have the nationality of the home-working country, they may need to apply for a residence permit. If employees are nationals of an EU/EER member state or Switzerland, they do not need a residence permit to stay in the other member states.
Under the principle of free movement of services, nationals of EU/EER member states and Switzerland can work in other member states. However, if employees wish to work from home in a country outside the EU/EER and Switzerland, it must be considered beforehand whether a work permit is required for that country in addition to a right of residence.
Do employees who are not nationals of the Netherlands or another EU/EER member state want to work in the Netherlands again after working from home? In this event, you may need to reapply for or renew a residence or work permit.
2. Applicable employment law
Working from home abroad may change the law applicable to an employment contract. In principle, employer and employee are free to state in the employment contract which law will apply, also referred to as the choice of law.
If an employee is going to work abroad temporarily, in principle there will be no change regarding the applicable employment law. What is meant by temporary needs to be considered on a case-by-case basis. For example, different rules may apply to digital nomads working consecutively in different countries than to an employee working only in one country.
If employees start working from abroad on a structural basis, the place from which the employees commonly performs their work, “the country of habitual employment”, changes. Despite the choice of law made in the employment contract, based on European legislation, the employer may not deviate from mandatory provisions of the country of habitual employment to the extent that they are more favourable than the chosen law, Such mandatory law regulations may also apply to countries outside the EU.
3. Social security
When working from home abroad, the country in which an employee is socially insured may change. If you employ an employee who wants to work from home abroad, the duration of the remote work is important. If an employee starts working from home abroad temporarily, he or she will, in principle, remain insured in the Netherlands. To this end, the employee can apply for an A1 certificate. This certificate proves that the social security contributions are paid in the Netherlands. This certificate is valid in EU/EER member states and treaty countries.
Based on European legislation, employees are, in principle, socially insured in the country where they work. If you employ employees who habitually work in the Netherlands but live in another EU/EER member state and these employees are going to work from home for 25% or more on a structural basis, they are compulsorily insured in the country of residence. This may result in the employer having to register in the employee’s country of residence to pay social security contributions there.
If you employ an employee who wishes to work from home temporarily in a country that is no EU/EER member state, the employee’s social security position is determined by social security treaties that have been concluded, or if there are none, on the basis of the national social security legislation of the Netherlands and the country where the employee is going to work temporarily. Due to the concurrence of social security systems, the employer may have to pay social security contributions in more than one country.
4. Duty of care
Employers have a duty of care to their employees. This legal duty of care for the employee’s health and safety does also apply if the employee travels abroad to work from home. This means that the employer must ensure the best possible working conditions in the employee’s home working environment.
5. Information obligation
Furthermore, if an employee is going to work abroad for longer than one month, the employer is obliged under Dutch law to provide the employee with a statement containing information about the following:
The country where the work is to be performed
The duration of that work
The accommodation
The applicability of the Dutch social security legislation, or a statement of the bodies responsible for implementing this legislation
The currency in which payment will take place
The allowances to which the employee is entitled, and
The manner in which the return is arranged
Conclusion
So there are more difficulties to working from home abroad than appears at first sight. We therefore recommend employers and employees map out in advance the possible consequences of employees working abroad and whether steps/measures need have to be taken to make working from home possible.
Employment and expat lawyers
Jan Dop
Do you have employees who wish to work from home abroad or work remotely, and do you want to know what the consequences are and which measures you have to take beforehand? We will be happy to give you advice. If necessary, for that, we can call upon our colleagues from the PrimerusTM network, “The World’s Finest Law Firms”.
Please contact us, also for other questions about employment law and dismissal or if you need legal assistance in a dispute with personnel:
On 22 March 2023, H.E. Mr Rodrigo Alberto Chaves Robles, President of Costa Rica, visited the International Criminal Court (ICC), where he was received by ICC President Judge Piotr Hofmański, ICC Registrar Mr Peter Lewis and ICC Registrar Elect Mr Osvaldo Zavala Giler. As part of the Costa Rican delegation was also the Minister of Foreign Affairs H.E. Mr Arnoldo André Tinocoand H.E. Mr.Arnoldo Brenes Castro, Ambassador of Costa Rica to the Netherlands.
H.E. Mr. Arnoldo Brenes Castro, Ambassador of Costa Rica, H.E. Dr. Arnoldo André Tinoco, Minister of Foreign Affairs of Costa Rica, the President of Costa Rica, Rodrigo Chavez Robles, the ICC President Judge Piotr Hofmański and the ICC Registrar Peter Lewis .
Thanking President Chaves for his visit and for Costa Rica’s multifaceted and sustained support of the Court, President Hofmański stated: “The leadership Costa Rica has shown during the first two decades of the ICC is of immense importance for international criminal justice. As the Court faces a heavy workload, the commitment and cooperation of the States Parties to the Rome Statute remains as important as ever for the delivery of the ICC’s mandate.”
Mr. Rodrigo Chavez Robles, President of Costa Rica and ICC registrar elect, Mr. Osvaldo Zavala Giler.
Costa Rican President H.E. Mr. Rodrigo Alberto Chaves Robles stated: “In these times of great global challenges, it is essential to have an independent and impartial International Criminal Court to guarantee that the worst international crimes do not go unpunished. Costa Rica reaffirms its unwavering commitment to international criminal justice, the integrity of the Rome Statute and the protection of the judicial independence of the International Criminal Court. It is equally essential to ensure justice for victims, including through assistance, especially to the most vulnerable, as well as the rehabilitation of those who have suffered physical and psychological trauma. We must continue to vigorously promote the Rome Statute to achieve its universality.”
The visit of President Chaves to the ICC highlights Costa Rica’s commitment to the Court and the joint efforts deployed in the fight against the impunity of the perpetrators of the most serious crimes that affect the international community as a whole. Costa Rica signed the Rome Statute on 7 October 1998 and deposited its instrument of ratification of the Rome Statute on 7 June 2001.
The President of Costa Rica, Rodrigo Chavez Robles and the ICC President Judge Piotr Hofmański after meetings.
The Presidency of the Assembly of States Parties to the Rome Statute refers to threats against the International Criminal Court as well as measures announced against its Prosecutor and Judges involved in the issuance of arrest warrants in the Ukraine situation. The Presidency of the Assembly regrets these attempts to hinder international efforts to ensure accountability for acts that are prohibited under general international law.
The Presidency of the Assembly emphasizes that the Court, its elected officials, and its staff have the strong support of the Assembly of State Parties to the Rome Statute. We reaffirm its full confidence in the Court as an independent and impartial judicial institution and reiterate our strong commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats.
The International Criminal Court embodies our collective commitment to fight impunity for the gravest international crimes. As an institution of last resort, the Court is complementary to national jurisdictions. We call on all States to respect its judicial and prosecutorial independence.
19-21 March 2023, North Macedonia: European Affairs Minister Nathanael Liminski travelled to North Rhine-Westphalia’s partner country North Macedonia for bilateral talks. In the capital Skopje, the Minister was received at government level and exchanged views with Deputy Prime Minister and Minister for European Affairs Bojan Marichikj and Foreign Minister Dr Bujar Osmani on joint projects within the framework of the partnership. Other important topics are the EU accession process and economic cooperation. The aim of the delegation trip is to support the Western community of values and a strong Europe through a variety of close relations in politics, business and civil society.
Minister Liminski as per statement below in its original German-language version: “The answer to Putin’s heinous war of aggression against Ukraine is a united European community of values. We counter Russian attempts to fuel conflicts in the Western Balkans by continuing and intensifying our close cooperation within the friendly family of states. Northern Macedonia belongs to Europe. The state government therefore very much welcomes the fact that the first EU accession conference finally got underway last year. After two years of partnership, we can already look back on many successful joint projects – for example, we have been able to support the development of competitive and sustainable agricultural structures, launched initiatives for civil society and community actors, and arranged counselling, training and internships for young students and graduates to improve their career opportunities.”
The Minister was accompanied by a business delegation invited to the trip by NRW Global Business together with the Dortmund Chamber of Commerce and Industry. The entrepreneurs from North Rhine-Westphalia are looking at North Macedonia as a possible production location with a view to permanently securing currently disrupted or interrupted supply chains and as an investment location. The partner country offers foreign investors particularly favourable framework conditions and has created several special economic zones in the country. The German Chamber of Foreign Trade in Skopje supports the expansion of economic ties.
In Skopje, Minister Liminski visited, inter alia, the Düsseldorf-based manufacturer of pharmaceutical packaging Gerresheimer and exchange views with young professionals, interns and scholarship holders from support projects of the state government. The trainings and internships within the framework of the funded projects in cooperation with the World University Service (WUS) as well as the Gesellschaft für Internationale Zusammenarbeit (GIZ) facilitate the transition from studies to the labour market for the participants and offer them custom-fit additional qualifications that they can use on the domestic labour market.
North Macedonia has been a partner country of North Rhine-Westphalia since 1 March 2021 and is supported by North Rhine-Westphalia on its way into the EU. North Macedonia has been an official EU candidate since 2005, and the first accession conference took place in 2022. There are 100,000 people of Macedonian origin living in Germany, 41,000 of them in North Rhine-Westphalia.
Wednesday, 14 December 2022, Stockholm, Kingdom of Sweden: Mali’s non-resident ambassador to Sweden, Oumou Sall-Seck was received for a ceremony of presentation of credentials by His Majesty King Carl XVI Gustaf of Sweden at the Royal Palace in the city-centre.
Oumou Sall-Seck is a graduate in Cooperation and Development from Mandé Bukari University, Bamako, Mali, and holds a Certificate in International Law and Comparative Human Rights Law of the International Institute of Human Rights (IIDH) in Strasbourg, France.
She had pursued a political career previous to her ambassadorship and had served in the capacity as an expert to the High Representative of the President of Republic of Mali for the dialogue and inclusive inter-Malian talks of Algiers, and subsequently was a member of the Office of the Commissioner for Security Sector Reform CSSR
Most of you will have noticed that the results of last week’s election were pretty spectacular. The traditional big parties lost, the ultra-right FVV got chopped, and a brand new party won spectacularly big. The BBB, the Movement of Farmers and Townspeople became so successful, that they are now the biggest party in all of the provinces in The Netherlands. This means that they will also become the biggest party in the Dutch “Eerste Kamer”, the Senate. This is because while the “Tweede Kamer” is chosen directly by the voters, the Senate is chosen by the members of the provincial “States” or provincial parliaments. The ruling coalition will then no longer have a majority in the Senate and will have to adapt its nitrogen policies.
The important thing, however, was how the country and the powers that be reacted to this political tsunami. There were no complaints about voting fraud, broken machines, or the sheer impossibility of the outcome. Except for the FVV, which kept mum, the coalition parties reacted quietly and chastened. They realise there is much discontent and expressed that they had to change and get closer to the public. ‘Of course, the BBB must now lead in the formation of the provincial coalitions’, was the general reaction.
This dignified dealing with the new situation, the lack of ad hominem attacks, and the acceptance of having to deal with the new situation are in stark contrast with the extreme partisan policies in many other countries.
It may have escaped a lot of ex-pats that there were simultaneous elections for “Waterschappen”.
These are public bodies that deal with everything to do with water. They protect the land against floods, regulate the groundwater level, manage the locks, and maintain thousands of kilometers of dykes. But why is there a need for special bodies to do this and why is it a political entity rather than an administrative organization?
First of all, there is tradition. The oldest Waterschap was founded 777 years ago by Count Willem II of Holland. Secondly, because of the lay of the land, they do not conform exactly to the borders of the provinces, and they have mainly functioned very well indeed, so why fix something that isn’t broken?
Then, why are there elections for these bodies? Well, different parties have very different priorities for water management. Farmers may like to have the groundwater level lower than nature lovers, river traffic has different views about the water level and currents in the rivers and canals than people living along them. Whenever major forces are pulling in different directions, a consensus has to be found and by having the Waterschappen be an elective body, everyone’s voice can be heard.
We are not perfect. The problems with the earthquakes in Groningen and the subsidy scandal are clear proof of that, but the way we dealt with the election result and the archaic but efficient institution of the Waterschappen, makes your correspondent proud to be Dutch.
Friday, 17 March 2023, Berlin, Federal Republic of Germany: Eurogroup President and Irish Minister for Public Expenditure, National Development Plan Delivery and Reform Paschal Donohoe was in Berlin to celebrate the Irish national day, Saint Patrick’s Day, and used the opportunity for meetings in Frankfurt, Cologne and naturally Berlin, the days prior to the actual St Patrick’s Day holiday.
He started his visit by paying a call on the European Central Bank (ECB) President Christine Lagarde, where he presented her with the national emblem – the shamrock. The same evening, he attended a reception hosted by Ireland’s Consul General in Frankfurt, Anne-Marie Flynn, held in the Deutsches FilmMuseum, with several hundred guests in attendance. The following day, he had a great exchange with students at the Frankfurt European School where he fielded questions about his favourite football team.
Presentation of the Ambassador of Ireland – St Patrick Day’s Award to Prof. Dr. Katharina Rennhak.
Travelling on to Cologne, he attended a national day reception hosted by Ireland’s Honorary Consul General in Cologne, Brigitte Wagner-Halswick, featuring a strong contingent of business people in attendance.
In Berlin, Minister Donohoe had the opportunity to meet with key interlocutors, including Federal Minister of Finance, Christian Lindner; State Secretary at the Federal Chancellorship Jörg Kukies; as well as the Chair of the Bundestag Finance Committee, Alois Rainer.
President of the Eurogroup, Minister Paschal Donohoe & German Federal Minister of Finance, Christian Lindner.
Ambassador Dr Nicholas O’Brien hosted two receptions at the embassy’s chancery in Berlin, such is the popularity of the Irish national day. At lunchtime, a reception was held for the diplomatic community, and key official and business contacts. In the evening, there was a party atmosphere to the reception for the Irish community. The Ambassador recalled the strength of the German-Irish relationship within the context of shared membership of the European Union.
Presenting shamrock to President Lagarde.
Minister Donohoe acknowledged the contribution which Ambassador O’Brien has made to Irish foreign policy both in his current role and his previous role as State Secretary in the Finance Ministry. The Minister spoke about several commemorations, which Ireland will celebrate this year, namely i) 100 years as a nation engaged on the international stage, ii) 50 years of EU membership and iii) 25 years since the Good Friday Peace Agreement was signed.
Concluding his remarks at the official reception, Ambassador O’Brien presented the annual ‘Ambassador of Ireland – St Patrick’s Day Award’ to Prof. Dr. Katharina Rennhak of Wuppertal University for her contribution to the deepening of relations between Ireland and Germany and specifically her work on promoting Irish Studies in Germany.
Latvia is renowned for its Old City of Riga, beautiful natural surroundings, and rich cultural heritage. It is also a shining example of democratic government in the Post-Soviet era. Every November 18, Latvians celebrate their history and traditions during a patriotic period. On November 16, 2022, the Latvian Ambassador, Her Excellency Ms. Aiga Liepina, hosted a reception at the Leonardo Royal Hotel in The Hague to celebrate this special occasion with diplomat and friends of Latvia.
During her address to the distinguished guests, Ms. Liepina emphasized the ongoing Russian invasion of Ukraine and Latvia’s shared Post-Soviet legacy and struggle for self-determination. She acknowledged the pain and suffering of the Ukrainian people and declared that this year’s National Day celebrations would be different for Latvia.
“The history of my country is an inspiring tale of perseverance and determination, transformation and resilience. It is a testament to the unyielding spirit of a people and a nation that have overcome daunting challenges, resisted oppression, and emerged as leaders. We are blessed today with peace and abundant opportunities, but our thoughts are also with Ukraine. The military aggression unleashed by Russia against Ukraine in February remains an ongoing and painful reminder to my fellow citizens that freedom cannot be taken for granted. For us, freedom is an action – a verb that requires constant vigilance and effort.”
The Ambassador of Latvia, welcoming the guests.
She also expressed her gratitude to the International Hague community for their support and invited them to raise a glass to the independence of Latvia and freedom for all nations.
Ms. Liepina also highlighted the importance of peace and justice and Latvia’s commitment to effective multilateralism. She praised the successful cooperation between Latvia and the Netherlands and their shared determination to create a better future.
“We, have an existential interest in effective multilateralism, therefore, Latvia will continue to work actively and closely with our host country, The Netherlands, and with you all towards this aim in the spirit of optimism and determination.
Our future starts here and now – decisions we make today may bring a different perspective on tomorrow.
I thank you for joining us tonight, and for being our partners in support of the independence and freedom that we all hold dear.” Ambassador Liepina expressed.
Latvia National Day.
The reception was a great success, and Latvia’s message of hope and solidarity resonated with all in attendance. The celebration of Latvia’s treasured values was a joyous occasion, and we congratulate Latvia on this special day and look forward to many more celebrations of their rich history and traditions.
