| Abstract [eng] |
The subject of the analysis in this final paper is the legal content of the free movement of workers within EU. The free movement of workers is a fundamental principle of the EC Treaty and central to the achievement of the overall objectives of the single market of EU. It is also one of the four pillars underlying the creation of the Single Market set out in the Treaty. The legal basis is the Article 39 of the Treat, where the free movement of workers is defined more precisely. It entails the abolition of any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment. Subject to limitations justified on grounds of public order, public security or public health, the freedom of movement for workers entails the right to accept offers of employment actually made and to move freely within the territory of Member States for this purpose. It also gives them the right to stay in a Member State for the purpose of employment and to remain in that State after having been employed there. However, the Treaty excludes certain posts in the public service from the provisions on the freedom of movement, insofar as they entail the exercise of official authority. The rights of the family members, third countries nationals are discussed separately in this master paper. The basic Regulation (EEC) No 1612/68, in its interpretation of the Treaty, attaches great importance to the principle of equality of treatment for national workers and for those from other Member States. Article 39 of the Treaty does not yet apply to all countries of the enlarged EU. After enlargement of European Union in 2004, there are clauses establishing a transitional period of a maximum of seven years, during which the fifteen old Member States can restrict access to their labour market for workers from the eight new Member States. The meaning and effect of this method is emphasized. The main aim of free movement of workers is to enable workers throughout the Community to apply for jobs in other Member States, to improve their living and working conditions and to advance their careers and lives in general, as well as to allow employers to meet their needs in terms of human resources. The result hoped for is a genuine European labour market with lower unemployment rates and a smaller skills shortfall. |
