A bigger home outside Brussels. A house across the border from Luxembourg. Somewhere quieter, cheaper, or closer to family. Maybe I can even continue working from my home (place of origin)?

When considering relocation to a different country for an EU job, you need to answer the question “What are the official rules applying to my particular EU institution?”

EU Staff Regulations set the overall framework, however, might not be sufficiently clear for your situation. Article 20 requires your residence to be compatible with the proper performance of your duties. The European Commission’s hybrid-working decision adds that ordinary teleworking must allow you to reach the office within a “reasonable time” if unexpectedly needed.

But “reasonable” does not have a number equivalent in the Commission. Your institution or agency’s implementing rules matter, and don’t just rely on hearsay from colleagues.

This guide explains the legal starting point, the Commission framework, differences between EU institutions, and what to check before committing to a rental contract.

Why EU staff are asking this question

Hybrid working arrangements following the Covid pandemic have greatly increased in popularity. In fact, in most EU institutions, you are only expected to work from the office 2-3days a week, and can spend the other 2-3 days teleworking.

POLITICO explored the debate in “Back to remote? Sea of empty desks prompts jitters in Brussels”. Meanwhile, Generation 2004, an EU staff association operating alongside other unions and staff associations, has examined confusion about cross-border commuting and teleworking elsewhere in “Telework from elsewhere or anywhere or abroad?”.

Article 20: what the EU Staff Regulations say

It also requires officials to notify the Appointing Authority of their address and immediately report any change.

Importantly – Article 20 does not specify a maximum number of kilometres or hours. Nor does it require everyone to live within the city limits of their place of employment.

The test is whether your residence is compatible with doing your job properly and respond to an emergency (whatever that means for most desk-bound administrative jobs).

More detailed working-time and teleworking rules help explain how that principle is applied.

practice in the european commission (Commission Decision C(2022) 1788)

For Commission staff, the key document is Commission Decision C(2022) 1788 final of 24 March 2022 on working time and hybrid working.

Two provisions are particularly important:

• Article 10: where ordinary telework may take place.
• Article 11: authorised telework outside the place of employment.

Does the Commission have a maximum commuting distance?

Article 10(1) repeats the Article 20 principle and adds:

“Staff shall telework from a place allowing them to physically come to the office within a reasonable time without being dependent on the hazard of transportation, in case of an unforeseen service need.”

The Commission decision itself specifies neither a maximum distance nor a numerical return time.

It requires both a reasonable journey time and reliable access to the office. A theoretically fast journey is therefore not the only consideration.

Is there a Commission-wide two-hour rule?

Not in the wording of Article 10(1) of the Commission Decision.

Generation 2004’s discussion of teleworking locations reports that staff seeking clarification may receive an answer referring to roughly two hours. It also highlights uncertainty about transport modes and journey conditions.

That is useful information about reported practice, but a legally binding decision of the Court of Justice of the EU would be very helpful.

When are considering a more distant location from HQ, it’s safest to ask HR which implementing guidelines or departmental instructions apply.

European Parliament has its own teleworking framework

The Commission decision is not automatically the teleworking policy of every EU institution.

Parliament has its own Secretary-General’s Decision of 18 December 2023 on teleworking, applicable from 1 March 2024.

It defines teleworking as, in principle, working at the address notified under Article 20. It also allows staff to be recalled when their presence at Parliament’s premises is required.

The published decision does not specify a maximum residential distance or a numerical return-to-office deadline.

There is another notable difference: Article 9 provides for up to five working days per calendar year of authorised teleworking away from the place of employment, with a separate possibility for certain family circumstances. So, this is 5 days less than the Commission’s teleworking from abroad allowance.

Council of the European Union: help us fill the information gap

For this guide, I was not able to verify a publicly available Council decision establishing a numerical residential distance or return-time limit. However, that does not mean no internal requirement exists.

Do you know of a public Council decision or guideline clarifying Article 20? Share its reference or link so we can make this guide more useful to Council staff / potential Council staff members.

Why can EU institutions and agencies have different rules?

The Staff Regulations provide a shared legal framework, but implementing arrangements can differ.

Under Staff Regulations Article 110(1), institutions adopt their own general implementing provisions through a consultation process with the Commission.

According to Article 110(2), agencies can adopt Commission implementing rules by analogy. However, agencies can also seek the Commission’s agreement to different rules, or to the non-application of particular rules. Agencies cannot simply disregard the Commission framework, but approved adaptations are possible.

Agency staff: find the Director’s implementing guidelines

Do not stop at your agency’s board-level decision.

Look for:

1. The Management, Administrative or Governing Board decision on working time and hybrid working.
2. The Director’s or Executive Director’s implementing decision and guidelines.
3. Any subsequent amendments.

The board decision may contain the general “reasonable time” requirement, while implementing guidelines provide additional criteria for applying it.

Here are some examples of rules from EU agencies.

ACER: reasonable time, without a numerical limit

ACER Administrative Board Decision 11/2023 on working time and hybrid working follows the Commission-style test.

Staff must be able to reach the office within a reasonable time without depending on uncertain transportation. Article 10 does not specify a number of kilometres or hours.

The decision also provides for implementing guidelines.

ERA: the same general test

European Union Agency for Railways Management Board Decision 334 on working time and hybrid working also uses the reasonable-time and transportation-reliability test.

Its Article 10 does not prescribe a numerical distance or time limit, and the decision requires implementing guidelines.

These examples show why agency staff should check both the general decision and its practical implementation.

Can EU staff live in a neighbouring country?

Crossing a border does not automatically make your residence incompatible with Article 20 of the Staff Regulations.

Consider a Luxembourg-based employee living nearby in Belgium, France or Germany. The important question is whether the address meets the applicable residence and ordinary-telework requirements, not simply whether the journey crosses a border.

The same distinction is worth checking for an ERA employee considering a home in a neighbouring country. This is an illustrative scenario, not a verified description of individual ERA commuting arrangements. You could take any other EU agency that’s located near a border.

As Generation 2004 explains, ordinary telework by cross-border commuters is not automatically subject to the allowance for teleworking elsewhere.

Teleworking from farther away: remember the ten-day allowance

Working from your ordinary, compliant home address is different from temporarily teleworking somewhere outside the normal place-of-employment area.

Under Article 11(1) of the Commission decision, staff may telework outside the place of employment for up to ten working days per calendar year, upon request and with their line manager’s agreement.

Of course, days spent away from your place of employment during annual leave are not counted toward this limit. You may spend your annual leave wherever you wish.

I do not have information on whether any EU institutions or agencies are deviating from the 10‑day limit. If you know of such an example, please kindly share it in a comment, as it would provide a useful precedent for other EU institutions to follow.

Before signing a lease, ask HR this question

Rather than asking only “How many kilometres away can I live?”, ask:

“Which decision and implementing guidelines determine whether this address complies with Article 20? Do they specify a maximum return time, distance or reference means of transport?”

For agency staff, explicitly ask for the Director’s or Executive Director’s guidelines.

A useful practical precaution is to obtain written clarification before making a significant housing commitment in a location that is more than 2 hours by car away from your office.

Frequently asked questions

Must EU staff live in the city where they work?

Article 20 allows residence elsewhere if the distance is compatible with the proper performance of duties. Your employer’s implementing rules remain important.

Is there a universal two-hour rule for EU employees?

No universal two-hour limit appears in Article 20. The Commission decision uses “reasonable time” without specifying a number. Additional employer-specific guidelines may clarify that requirement.

Can I live across a national border?

Potentially. The Commission decision expressly accommodates certain cross-border residence situations. Your address must still meet the applicable requirements.

Can Commission staff telework from anywhere for ten days?

Article 11 provides for up to ten working days outside the place of employment, subject to a request and managerial agreement. It is not an unconditional right to work from any location.

Do all EU agencies follow exactly the same rules?

No. Commission rules apply by analogy, but approved variations are possible. Check your agency’s decisions, implementing guidelines and amendments.

This guide provides general information, not an individual legal assessment. Check the applicable decisions, guidelines and amendments with your employer.