Preview
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.
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.
Table of Contents
1. The Free Movement of Workers: Worker’s Rights
2. Preview
3. The evolution and the brief history of the principle: ‘free movement of workers’
4. The General definition of free movement of workers
5. Persons considered as the Worker
6. Rights granted to the Workers
7. Exceptions
8. Conclusion
Objectives & Core Topics
The primary objective of this work is to elucidate the principles of the free movement of workers within the European Union, providing an analysis of the relevant EC treaty provisions, associated rights, and the legal exceptions regarding this freedom.
- Historical context of the free movement of workers in the EU.
- Defining the status of a 'worker' through European case law.
- Comprehensive review of rights granted to EU workers in member states.
- Analysis of legal exceptions and limitations, such as public policy and public security.
Extract from the Book
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;
Summary of Chapters
The Free Movement of Workers: Worker’s Rights: Provides an introduction and identifies the core focus of the paper on European labor rights.
Preview: Outlines the scope of the study regarding EC treaty provisions and the fundamental principles of worker mobility.
The evolution and the brief history of the principle: ‘free movement of workers’: Details the post-WWII origins of European consolidation and the subsequent legal establishment of the 'four freedoms'.
The General definition of free movement of workers: Examines the core elements of labor mobility and the specific legal provisions contained in Articles 39-42 of the EC Treaty.
Persons considered as the Worker: Analyzes the interpretation of the term 'worker' through significant court cases, distinguishing between formal and economic aspects.
Rights granted to the Workers: Lists the specific entitlements afforded to workers, including the right to move, access employment, and family reunification.
Exceptions: Covers the limited scenarios where member states may restrict the movement of workers based on public safety or public service requirements.
Conclusion: Summarizes the strategic importance of labor mobility for EU integration while acknowledging the practical challenges workers may face.
Keywords
Free movement of workers, European Union, EC Treaty, Worker's rights, Internal Market, Four freedoms, Labour mobility, Discrimination, Case law, Employment, Remuneration, European integration, Public policy, Residency, Member States
Frequently Asked Questions
What is the primary scope of this work?
This paper examines the legal framework and principles governing the free movement of workers within the European Union, specifically focusing on worker rights as defined by treaty provisions.
What are the central themes discussed in the text?
The central themes include the historical evolution of the principle, the legal definition of a 'worker', the specific rights granted to those moving between member states, and the allowed exceptions to these freedoms.
What is the main objective of the research?
The objective is to provide a clear understanding of how the EC treaty provisions facilitate the free movement of labor and what protections are afforded to workers against discrimination.
Which scientific method is applied here?
The work utilizes a legal-analytical method, reviewing treaty articles, secondary legislation, and significant case law from the European Court of Justice to define and interpret labor rights.
What topics are covered in the main body of the work?
The main body covers the history of European consolidation, the specific definition of a worker, the six key rights granted to workers (including residency and family reunification), and grounds for potential restrictions.
How would you characterize the keywords of this paper?
The keywords reflect a focus on EU law, labor market dynamics, economic integration, and the legal status of individuals moving across borders for employment purposes.
How does the European Court of Justice define a 'worker'?
The definition is derived from case law rather than a single statutory definition, focusing on 'formal' and 'economic' aspects, such as performing services under the direction of another in return for remuneration.
Are there specific limitations to the free movement of workers?
Yes, member states may impose restrictions based on legitimate grounds of public policy, public security, or public health, or for specific roles within the public service.
- Citation du texte
- George Taliashvili (Auteur), 2008, The free movement of workers: Worker’s rights, Munich, GRIN Verlag, https://www.grin.com/document/93931
