Free movements of persons

Free movements of persons - Free movements of persons Free...

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Free movements of persons Free movement is important for the EU internal markets, to expand business, for skilled labour to move around more easily and to show a stronger link between MS and EU and EU citizens. Gaining the right to move freely The importance of EU citizenship o In the past free movement depended on the status of the individual such as employed or self-employed but now free movement is possible regardless of the status. o The importance of EU citizenship Article 21 states ‘Every citizen of the Union shall have the right to move and reside freely.’ Furthermore article 21 states that this right is subject to limitations and conditions. o Who can be considered as the citizen of the EU? Article 21 states ‘Every person holding the nationality of a Member State shall be a citizen of the Union’ and can access to benefits and rights. Non-EU citizen can access their rights through the EU citizen (sometimes referred to ‘piggy back’ rule. It is important here to note that the EU citizen must has access their right first before the family member can use indirect means to access rights- Metock (C-127/08) o What about non-EU citizens who are not family? Their rights depend on the national law of the MS not EU law o Citizens’ rights to move freely Once the person has decided that they want to use their right to freely move then three things are important to concentrate on: The exact nature The exact source And their status o Free movements of ‘economically active’ persons There are different articles of TFEU governing the categories of economically active persons namely: Employment/workers’ rights- arts 45-48 rights to take up work, salary and to permanently reside in a host state. Self-employed/establishment rights- arts 49-55 right to set up a permanent base in a host state
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Service providers- arts 56-62 right to enter a host state and provide services without setting up permanently Furthermore TFEU provides further protection through articles such as article 18 prohibits discrimination. Workers’ rights Article 45-48 TFEU The governing secondary legislation in this field is Directive 2004/28 and Regulation 1612/68. The meaning of worker (the TFEU and the Secondary legislations are silent on this): o Hoekstra (nee Unger) v BBDA (75/63) – worker is a union concept and the court alone can define the term (this shows that MS can’t stop anyone one under any narrow definition) and it was also stated that a worker who has lost his job but was capable of finding another should also be considered as a worker o Levin v Staatssecretaris (53/81) –a part-time employee should be considered as worker, provided the work is ‘real’ or genuine work of an economic nature and not nominal or minimal o Kempf v Staatssecretaris Van Justitie (139/85) - a part-time music teacher (from Germany), even though in receipt of supplementary benefit (in the Netherlands) to bring his wage up to minimum levels came within the term o
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  • Fall '07
  • SCHIESS
  • European Union, European Union law, Four Freedoms, Host State, Citizenship of the European Union

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