The free movement of workers

The free movement of persons is a fundamental precondition of the common internal market and an essential element of European citizenship

Internal market an area without any frontiers where goods, services, capital and persons move freely.

European citizenship
y

Any person who holds the nationality of an EU country is automatically also an EU citizen. EU citizenship is additional to and does not replace national citizenship.

Every European citizen can:

vote for and stand as a candidate in European Parliament and municipal elections; y be protected by the diplomatic and consular authorities of any other EU country; y petition the European Parliament and complain to the European Ombudsman; y move and reside freely within the EU;
y

Legal basis
The Treaties y Schengen Agreement y The case-law of the Court of Justice y the Charter of Fundamental Rights of the European Union (signed and proclaimed in Nice at 2000) y Directive 2004/38/EC (the right of citizens of the Union and their family members to move and reside freely)
y

Article 21 (ex Article 18 TEC) y 1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.

Schengen agreement
The Schengen Agreement is a treaty signed on 14 June 1985 y In 1997 Amsterdam Treaty incorporated the Schengen Agreement into the mainstream of European Union law y The Schengen area represents a territory where the free movement of persons is guaranteed
y

Schengen area

28 countries; over 400 million people; an area of 4,312,099 sq. km.

The key rules of Schengen

no checks on persons at the internal borders; y a common set of rules for people crossing the external borders of the EU y harmonization of the conditions of entry and of the rules on visas for short stays; y stronger police and judicial cooperation y establishment and development of the Schengen Information System (SIS).
y

Free movement of people (Directive 2004/38/EC)

EU citizens can reside on the territory of another EU country for up to three months y To reside in another EU country for more than three months, EU citizens are required to meet certain conditions depending on their status y EU citizens can acquire the right to permanent residence in another EU country after legally residing there for a continuous period of five years; y The family members of EU citizens have the right to accompany or join them in another EU country, subject to certain conditions.
y

Family members
Irrespective of their nationality: y spouse y registered partner y Direct descendants who are under the age of 21 or are dependants y dependent direct relatives in the ascending line (e.g. parents, grandparents).

What is Free Movement of workers?

Nationals of one EU country can work in another EU country on the same conditions as that member state's own citizens y For workers, this freedom has existed since the foundation of the European Community in 1957
y

Legal basis
The Treaties y Regulation (EEC) No 1612/68 of 15 October 1968 (amended by Regulations 312/76 and 2434/92) y Directive 2004/38/EC
y

Article 45 (ex Article 39 TEC) 1. Freedom of movement for workers shall be secured within the Union. y 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. y 3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health y 4. The provisions of this Article shall not apply to employment in the public service.
y

EU citizens can:
look for a job in another EU country y work there without needing a work permit y reside there for that purpose y stay there even after employment has finished y enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages
y

The right of movement

Only one requirement - a valid identity document or passport y EU citizenship the basic status for workers to move and reside freely on EU territory
y

The right of residence

People who are employed in another EU country are entitled to live there. y Jobseekers are also allowed to stay in another country while they are looking for a job. y The host country may require them, as "EU migrant workers", to register with the authorities as residents. y All legal and administrative formalities depend on the length of stay
y

Migrant workers for more than a six months stay must:

either be engaged in economic activity (on an employed or self-employed basis); y or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services y or be following vocational training as a student; y or be a family member of a Union citizen who falls into one of the above categories.
y

The right of permanent residence

Acquire the right after a five year period of uninterrupted legal residence y This right of permanent residence is no longer subject to any conditions. y The right of permanent residence is lost only if the person as absence from the country for more than two years
y

The right to look for a job

Any EU national has the right to: y look for a job in another EU country y receive the same assistance from the national employment offices as nationals of their host country y stay in the host country for a period long enough to look for work, apply for a job and be recruited.

Equal treatment
Any EU citizen has the same right to work in another EU country as nationals of that country with: y the same conditions y no quantitative limits or discriminatory recruitment criteria

Restrictions:
on grounds of: public policy, public security or public health. y on taking up jobs in the public service y on the freedom of movement of nationals of the new Member States
y

The negative side

Thank You For Attention!