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

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

. 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 and one of the four economic freedoms: free movement of goods, services,

labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...

and

capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used f ...

. 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 Establishi ...

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

direct effect In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not ex ...

,''Union royale belge des sociétés de football association ASBL v Jean-Marc Bosman''
Case C-415/93
EUR-Lex'' Angonese v Cassa di Risparmio di Bolzano SpA''
Case C-281/98
(2000). EUR-Lex 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 Co ...

establishing the

European Coal and Steel Community The European Coal and Steel Community (ECSC) was a European organization created after World War II to regulate the coal and steel industries. It was formally established in 1951 by the Treaty of Paris, signed by Belgium, France, Italy, Luxembo ...

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 organization 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 Lisb ...

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

Benelux The Benelux Union ( nl, Benelux Unie; french: Union Benelux; lb, Benelux-Unioun), also known as simply Benelux, is a politico-economic union and formal international intergovernmental cooperation of three neighboring states in western Europe: B ...

(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 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 The working class (or labouring class) comprises those engaged in manual labour, manual-labour occupations or industrial work, who are remunerated via wage, waged or salary, salaried contracts. Working-class occupations (see also "Designation ...

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

employment Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...

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 pu ...

s for and under the direction of another person in return for which he receives remuneration."''Deborah Lawrie-Blum v Land Baden-Württemberg''
Case 66/85
(1986). EUR-Lex *Purpose: under the

European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just 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 Un ...

caselaw, the rights of free movement of workers applies regardless of the worker's purpose in taking up employment abroad,''Levin v Staatssecretaris van Justitie''
Case 53/81
(1982). EUR-Lex so long as the work is not solely provided as a means of rehabilitation or reintegration of the workers concerned into society.''Bettray v Staatssecretaris van Justitie''
Case 344/87
(1989). EUR-Lex *Time commitment: the right of free movement applies to both

part-time Part-time can refer to: * Part-time job, a job that has fewer hours a week than a full-time job * Part-time student, a student, usually in higher education, who takes fewer course credits than a full-time student * Part Time Part Time (styliz ...

and

full-time Full-time or Full Time may refer to: * Full-time job, employment in which a person works a minimum number of hours defined as such by their employer * Full-time mother, a woman whose work is running or managing her family's home * Full-time fat ...

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.''Raulin v Minister van Onderwijs en Wetenschappen''
Case C-357/89
(1992). EUR-Lex *Remuneration: a

wage A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...

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.''Kempf v Staatssecretaris van Justitie''
Case 139/85
(1986). EUR-Lex Remuneration may be indirect ''

quid pro quo Quid pro quo ('what for what' in Latin) 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: "give and take", ...

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

consideration Consideration is a concept of 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. The court in ''Currie v Misa'' declared ...

for work.''Udo Steymann v Staatssecretaris van Justitie''
Case 196/87
(1988). EUR-Lex *Direction of another: where a person is self-employed, he can avail himself of the freedom to provide services and freedom of establishment.

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.''Walrave and Koch v Association Union cycliste internationale, Koninklijke Nederlandsche Wielren Unie et Federación Española Ciclismo''
Case 36-74
(1974). EUR-LexSee also''Ingrid Boukhalfa v Bundesrepublik Deutschland''
C-214/94
(1996). EUR-Lex 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. For ...

. 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 utilized amounts of the various inputs determine the quantity of output according to the relat ...

, 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".

Discrimination and market access

*Case 379/87 ''

Groener v Minister for Education ''Groener v Minister for Education'' (1989Case 379/87is an EU law case, concerning the free movement of workers in the European Union. Facts A Dutch woman, Miss Anita Groener, was refused a permanent teaching post at a Dublin design college. S ...

989 Year 989 (Roman numerals, CMLXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Basil II uses his contingent of 6,000 Varangians to he ...

ECR 3967 *Cases 267 & 268/91 '' Keck and Mithouard''

993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...

ECR I-6097 *Case 18/95 '' F.C. Terhoeve v Inspecteur van de Belastingdienst Particulieren/Ondernemingen Buitenland''

999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: ...

ECR I-345

Public service exception

*Case 149/79 ''

Commission v Belgium 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 another ...

980 Year 980 ( CMLXXX) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) a ...

ECR 3881 *Case 152/73 '' Sotigiu v Deutsche Bundespost''

974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has ...

ECR 153

Directives and regulations

*Directive 68/360/EEC *Case 48/75 ''

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 of Se ...

976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after ret ...

ECR 497 *Case 118/75'' Watson and Belmann''

ECR 1185 *Case C-292/89 '' Antonissen''

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

ECR I-745 *EU Regulation 1612/68 repealed and replaced by Regulation 492/2011 *Case C-207/78 '' Ministere Public v Even and ONPTS'' 979ECR 2019 *Case C-267/83 '' Diatta v Land Berlin'' 985ECR 567 *Case C-370/90 '' R v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department''

ECR I-4265

Social rights

*Case 293/83 ''

Gravier v City of Liege Gravier may refer to: Surname *Bernard Gravier (1881–1923), French fencer * Charles Gravier, comte de Vergennes (1717–1787), French statesman and diploma *Charles Joseph Gravier (1865–1937), French zoologist *Jacques Gravier (1651–1708), F ...

'' 985ECR 593 *Case C-85/96 '' Maria Martinez Sala v Freistaat Bayern''

998 Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...

ECR I-2691 *Case C-184/99 ''

Rudy Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve (CPAS) Rudy or Rudi is a masculine given name, sometimes short for Rudolf, Rudolph, Rawad, Rudra, Ruairidh, or variations thereof, a nickname and a surname which may refer to: People Given name or nickname *Rudolf Rudy Andeweg (born 1952), Dutch polit ...

001 001, O01, or OO1 may refer to: *1 (number), a number, a numeral *001, fictional British agent, see 00 Agent *001, former emergency telephone number for the Norwegian fire brigade (until 1986) *AM-RB 001, the code-name for the Aston Martin Valkyrie ...

ECR 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' ac ...

, the

Treaty of Accession 2005 The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treat ...

, 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

s 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

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 UK formally left the EU on 31 January 2020, following on a public vote held in June 2016. However, the country benefitted from a

transition period 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 ...

to give time to negotiate a trade deal between the UK and the EU. 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 provisionally applied from ...

(TCA) was concluded on 24 December 2020. On 1 January 2021 free movement of persons between the parties ended as it is not incorporated in the TCA or the Brexit withdrawal agreement.

Freedom of movement in the European Economic Area

The citizens of the member states of the European Economic Area (which includes the EU) have the same right of freedom of movement in the EEA as EU citizens do within the Union. Additionally, the

and

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

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

Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...

Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...

and

Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy ...

) 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

Bibliography

*P. Craig and G. de Búrca, ''EU Law: Text, Cases and Materials'', 3rd edition, OUP, 2003.

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