The freedom of movement for workers is a policy chapter of the

acquis communautaire The Community acquis or ''acquis communautaire'' (; ), sometimes called the EU acquis, and often shortened to acquis, is the accumulated legislation, legal acts and court decisions that constitute the body of European Union law that came into ...

of the

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...

. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the

free movement of persons Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...

and one of the four economic freedoms:

free movement of goods The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the member states of the European Union (EU). With certain exceptions, it also comprises Iceland, L ...

services Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a ...

, labour and

capital Capital and its variations may refer to: Common uses * Capital city, a municipality of primary status ** Capital region, a metropolitan region containing the capital ** List of national capitals * Capital letter, an upper-case letter Econom ...

. Article 45

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

(ex 39 and 48) states that: The right to free movement has both 'horizontal' and 'vertical'

direct effect In the law of the European Union, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which not only the courts but also the public administration (on national, regional or local level) of m ...

Bosman ruling ''Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman'' (1995) C-415/93 (known as the Bosman ruling) is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of associati ...

, ,

Angonese v Cassa di Risparmio di Bolzano SpA ''Roman Angonese v Cassa di Risparmio di Bolzano S.p.A.'' (2000) C-281/98 is an EU law case, concerning the free movement of workers in the European Union. Facts A bank in Bolzano, where Italian and German are spoken, required a certificate of ...

such that a citizen of any EU state can invoke the right, without more, in an ordinary court, against other persons, both governmental and non-governmental.

History

The

Treaty of Paris (1951) The Treaty of Paris (formally the Treaty establishing the European Coal and Steel Community) was signed on 18 April 1951 between France, Italy, West Germany, Belgium, Luxembourg, and the Netherlands, establishing the European Coal and Steel C ...

establishing the

European Coal and Steel Community The European Coal and Steel Community (ECSC) was a European organization created after World War II to integrate Europe's coal and steel industries into a single common market based on the principle of supranationalism which would be governe ...

established a right to free movement for workers in these industries, and the Treaty of Rome (1957) provided a right for the free movement of workers within the

European Economic Community The European Economic Community (EEC) was a regional organisation created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...

, to be implemented within 12 years from the date of entry into force of the treaty. The first step towards realizing the free movement of workers was the Council Regulation no. 15 of 1961, which entered into force on 1 September 1961. It gave the nationals of the member states the right to take up employment in another member state provided that there were no nationals of that member state available for the job. The regulation was superseded by another regulation on 1 May 1964, which further extended the right of workers to take up employment in another member state. However, it was not until 8 November 1968, when regulation (EEC) no 1612/68 entered into force, that free movement of workers was fully implemented within the Communities. Through this regulation, the original article 49 of the EEC treaty was implemented, and all nationals of the member states obtained the right to take up employment in another member state on the same conditions as the nationals of that particular member state. The free movement of workers was thus implemented before the twelve-year period stipulated in the EEC treaty had expired. On 16 June 2011, this regulation was replaced by the

Free Movement of Workers Regulation 2011 The Free Movement of Workers Regulation No. 492/2011 is a European Union law, which specifies the right of workers of any European Union Member State to move to and access employment in another Member State without unjustified discrimination. Impo ...

. At the time free movement of workers was implemented within the European Communities, the corresponding right already existed within the

Benelux The Benelux Union (; ; ; ) or Benelux is a politico-economic union, alliance and formal international intergovernmental cooperation of three neighbouring states in Western Europe: Belgium, the Netherlands, and Luxembourg. The name is a portma ...

(since 1960) and between the Nordic countries (since 1954) through separate international treaties and conventions. The

Directive 2004/38/EC on the right to move and reside freely The Citizens' Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") sets out the conditions for the exercise of the right of free movement for citizens of countries in the European Economic Area (EEA), which includes ...

assembles the different aspects of the right of movement in one document, replacing '' inter alia'' the directive 1968/360/EEC. It also clarifies procedural issues, and it strengthens the rights of family members of European citizens using the freedom of movement. According to the official site of the European Parliament, the explanation of the freedom of movement goes as follows:

Freedom of movement and residence for persons in the EU is the cornerstone of Union citizenship, which was established by the Treaty of Maastricht in 1992. Its practical implementation in EU law, however, has not been straightforward. It first involved the gradual phasing out, of internal borders under the Schengen agreements, initially in just a handful of Member States. Today, the provisions governing the free movement of persons are laid down in Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of the Member States. However, the implementation of this directive continues to face many obstacles.

Definition of "worker"

The meaning of 'worker' is a matter of European Union law. "The essential feature of an

employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...

relationship, however, is that for a certain period of time a person performs

service Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a ...

s for and under the direction of another person in return for which he receives

remuneration Remuneration is the pay or other financial compensation provided in exchange for an employee's ''services performed'' (not to be confused with giving (away), or donating, or the act of providing to). Remuneration is one component of reward managem ...

." *Purpose: under the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

caselaw, the rights of free movement of workers applies regardless of the worker's purpose in taking up employment abroad, so long as the work is not solely provided as a means of rehabilitation or reintegration of the workers concerned into society. *Time commitment: the right of free movement applies to both part-time and full-time work, so long as the work is effective and genuine and not of such small scale, irregular nature or limited duration to be purely marginal and ancillary. *Remuneration: a

wage A wage is payment made by an employer to an employee for work (human activity), work done in a specific period of time. Some examples of wage payments include wiktionary:compensatory, compensatory payments such as ''minimum wage'', ''prevailin ...

is a necessary precondition for activity to constitute work, but the amount is not important. The right to free movement applies whether or not the worker required additional financial assistance from the Member State into which he moves. Remuneration may be indirect ''

quid pro quo ''Quid pro quo'' (Latin: "something for something") is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor". Phrases with similar meanings include: " ...

'' (e.g. board and lodging) rather than strict

consideration Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to a ...

for work. *Direction of another: where a person is

self-employed Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return ...

, he can avail himself of the freedom to provide services and

freedom of establishment The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Li ...

Extent of the right

The right to free movement applies where the legal relationship of employment is entered into in or shall take effect within the territory of the European Community.See also The precise legal scope of the right to free movement for workers has been shaped by the

and by directives and

regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...

. Underlying these developments is a tension "between the image of the Community worker as a mobile

unit of production In economics, factors of production, resources, or inputs are what is used in the production process to produce output—that is, goods and services. The utilised amounts of the various inputs determine the quantity of output according to the rela ...

, contributing to the creation of a single market and to the economic prosperity of Europe" and the "image of the worker as a human being, exercising a personal right to live in another country and to take up employment there without discrimination, to improve the standard of living of his or her family".P. Craig and G. de Búrca, ''EU Law: Text, Cases and Materials'', 3rd edition, OUP, 2003 p. 701

Discrimination and market access

* Groener v Minister for Education, *

Keck and Mithouard ''Reference for a Preliminary Ruling in the Criminal Proceedings against Bernard Keck and Daniel Mithouard'' (1993) C-267/91 is an EU law case, concerning the conflict of law between a national legal system and European Union law. The Court foun ...

, , *

Public service exception

* ''

Commission v Belgium In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...

980 Year 980 ( CMLXXX) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) at Margut, ending the Franco-Germa ...

ECR 3881 * '' Sotigiu v Deutsche Bundespost''

974 Year 974 ( CMLXXIV) was a common year starting on Thursday of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has invaded Nordalbingia (modern-day Ho ...

ECR 153

Directives and regulations

* * ''

Royer Royer may refer to: Surnames *Alain de Royer-Dupré, French racehorse trainer * Alphonse Royer, French writer * Augustin Royer, French astronomer * Bentley Royer, a Dominican politician * Casey Royer, American drummer * Charles Royer, former mayor ...

976 Year 976 ( CMLXXVI) was a leap year starting on Saturday of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after returning from a second campaign against ...

ECR 497 * '' Watson and Belmann''

ECR 1185 * '' Antonissen''

991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between Æthelred the Unready and Richard I o ...

ECR I-745 * repealed and replaced by * '' Ministere Public v Even and ONPTS''

979 Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...

ECR 2019 * '' Diatta v Land Berlin''

985 Year 985 ( CMLXXXV) was a common year starting on Thursday of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theophanu and her mother-in-law Adelaide at an ...

ECR 567 * ''

R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh ''R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh'' 9923 CMLR 358 is a UK immigration law and EU law case involving the right of entry and residence into a nation state. Facts Singh was an Indian ...

ECR I-4265

Social rights

* '' Gravier v City of Liege''

ECR 593 * '' Maria Martinez Sala v Freistaat Bayern''

998 Year 998 ( CMXCVIII) was a common year starting on Saturday of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescentius II (the Younger) and his followers ...

ECR I-2691 * '' Rudy Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve (CPAS)'' 001ECR I-6193

Transitional provisions in new member states

In the

Treaty of Accession 2003 The Treaty of Accession 2003 was the agreement between the member states of the European Union and ten countries (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia), concerning these countries' acc ...

, the Treaty of Accession 2005, and the

Treaty of Accession 2011 The Treaty of Accession 2011 is an agreement between the member states of the European Union and Croatia concerning Croatia's accession to the EU. It was signed on 9 December 2011 in Brussels by the heads of state or government of the 27 member ...

, there is a clause about a transition period before workers from the new member states can be employed on an equal, non-discriminatory terms in the old member states. The old member states have the right to impose such transitional period for 2 years, then to decide to extend it for additional 3 years, and then, ''if there is serious proof'' that labour from new member states would be disruptive to the market in the old member states then the period can be extended for the last time for 2 more years. According to the principle of reciprocity, new member states have the right to impose restrictions for all the countries that introduced restrictions and transitional periods to their citizens. Croatia has decided to apply this rule.

Withdrawal from the European Union

The United Kingdom formally left the EU on 31 January 2020, following on a public vote held in June 2016. However a transition period to give time to negotiate a trade deal between the UK and the EU was in place in the interim. The

EU–UK Trade and Cooperation Agreement The EU–UK Trade and Cooperation Agreement (TCA) is a free trade agreement signed on 30 December 2020, between the European Union (EU), the European Atomic Energy Community (Euratom), and the United Kingdom (UK). It Provisional application (tr ...

(TCA) was concluded on 24 December 2020. On 1 January 2021

between the parties ended as it is not incorporated in the TCA or the

Brexit withdrawal agreement The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...

Freedom of movement in the European Economic Area

The citizens of the member states of the

European Economic Area The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Asso ...

(which includes the EU) have the same right of freedom of movement in the EEA as EU citizens do within the Union. Additionally, the

, its member states, and

Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...

have concluded a multilateral agreement with the same meaning. The EEA member states outside the EU (

Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...

Iceland Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...

and

Liechtenstein Liechtenstein (, ; ; ), officially the Principality of Liechtenstein ( ), is a Landlocked country#Doubly landlocked, doubly landlocked Swiss Standard German, German-speaking microstate in the Central European Alps, between Austria in the east ...

) and

are treated as "old member states" in regard to the Treaty of Accession of the new EU members, so they can impose such 2+3+2 transitional periods.

Switzerland

Switzerland initially granted freedom of movement to EEA citizens from 2005 to 2011. It briefly reimposed restrictions in 2012–2013, but lifted them again in 2014. A 2014 Referendum directed the Swiss government to impose permanent quotas on residence/work permits for citizens of all EEA countries except Liechtenstein, starting from 2017 at the latest. However, on 22 December 2016, Switzerland and the EU concluded an agreement that a new Swiss law (in response to the referendum) may require Swiss employers to give priority to Swiss-based job seekers (Swiss nationals and foreigners registered in Swiss job agencies) but does not limit the free movement of EU workers to Switzerland.

Liechtenstein

Liechtenstein was originally allowed by Protocol 15 of the EEA Agreement to limit free movement of persons from other EEA states until 1 January 1998 and then the measure was subjected to a review which concluded in a declaration by the EEA Council that allowed Liechtenstein to indefinitely limit free movement of persons from other EEA states pursuant to Article 112 of the EEA Agreement. Liechtenstein imposes quotas for all EEA citizens (issuing 56 residence permits per year)Liechtenstein Wirtschaft
Work permits and residence and a separate quota for Swiss citizens (a further 12 residence permits per year).

Summary

References

External links

European Commission: EU citizenship and free movement

EURES – The European Job Mobility Portal

The Free Movement of Persons in the European Union: A Legal-historical Overview
{{DEFAULTSORT:Freedom of Movement For Workers European Union law Global workforce