The free movement of workers: Worker’s rights


Project Report, 2008
10 Pages, Grade: B

Excerpt

Contents

The Free Movement of Workers: Worker’s Rights

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The evolution and the brief history of the principle: ‘free movement of workers’

The General definition of free movement of workers

Persons considered as the Worker

Rights granted to the Workers

Exceptions

Conclusion

Used Literature

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My homework aims to elucidate the principles of free movement of workers and to give a small review on the provisions of EC treaty concerning to the worker’s rights and some exceptions regarding the freedom.

The evolution and the brief history of the principle: ‘free movement of workers’

After the world war two the Europe was periled: it was disjointed, the economies of majority European countries were devastated and the contravention of the equipoise in Europe menaced it to face the upcoming economical and political catastrophes in region, the situation acquired immediate handicapping, betimes the idea how to resolve problems and the remedy of the situation arose in Sir Winston Churchill’s words: “Recreate the European Family or as much of it as we can and provide it with a structure under which it can dwell in peace in safety and in freedom. We must build a kind of United States of Europe” and this words stimulated the main European countries to establish the “European United States” another “land of opportunity”, without borders and with much more opportunities and capacity to achieve a better life. In 1957 was signed the Treaty of Rome which laid the essential legal foundations for European Committee.

After the establishing the European Committee its main tasks regarded to the achieving the high point of standard of living and economical expansion, for further development of mentioned tasks the Internal Market was subsisted by the EC treaty provisions which was the incarnation of Sir Winston Churchill’s idea and significant tool of economic integration, no boarders, no custom duties and the abolition of barriers to the free movement of goods, services, workers and capital within the member states known as the ‘four freedoms’, was the great step towards the European consolidation.

The General definition of free movement of workers

The free movement of workers is one of the ‘four freedoms’ which are the basic of the internal market, it comprises three elements: a) right to move to another member state and to reside there, b) right to access the host state’s job market, c) right to move together with family members, in other words the right of the worker to be treated in the host State in the same way as the nationals, eliminating any direct or indirect discrimination based on nationality.

The EC treaty articles 39-42 conclude the provisions dealing with the main principles of free movement of workers:

1. “Freedom of movement for workers shall be secured within the Community.
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.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:

(a) To accept offers of employment actually made;
(b) To move freely within the territory of Member States for this purpose;
(c) To stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) To remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.

4. The provisions of this article shall not apply to employment in the public service.[1]

These principles were expanded by secondary legislation and by court decisions: 1) directive 68/360- rights of entry and residence. 2) Regulation 1612/68 rights to access to, and conditions of, employment. 3) Regulation 1251/70, rights to remain in the territory of a Member State after been employed there. 4) Directive 64/221 rights to derogate from the free movement provisions on the grounds of public policy, public security or public health. Main provisions of above mentioned regulations and directives were united and updated by directive 2004/38/EC.

[...]


[1] “Treaty of Rome”.

Excerpt out of 10 pages

Details

Title
The free movement of workers: Worker’s rights
College
University of Bremen
Course
Single Market
Grade
B
Author
Year
2008
Pages
10
Catalog Number
V93931
ISBN (eBook)
9783638070829
ISBN (Book)
9783638955713
File size
435 KB
Language
English
Tags
Worker’s, Single, Market
Quote paper
George Taliashvili (Author), 2008, The free movement of workers: Worker’s rights, Munich, GRIN Verlag, https://www.grin.com/document/93931

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