Free movement of workers – part 1

Mar 3 2009 by Nick Warwick, The Journal

GIVEN recent events the topic of free movement of workers is back in the headlines.

Here is a short recap of how the free movement of workers came about, rights for those workers and the future effects on the EU.

At the end of the Second World War, Europe decided it would try to tackle the spectre of another war by implementing a series of treaties which would make conflict more difficult. Treaties in relation to atomic energy, trade and steel and coal were set up.

The Treaty of Rome contains the agreements in relation to trade and confers four basic freedoms on the Citizens of the European Union. The four freedoms are free movement of goods, services, people and capital.

Article 39 of the Treaty contains the rights in relation to free movement of workers. This allows any citizen of the EU to look for a job within another Member State, work in another Member State, reside in that State for the purposes of work and have equal treatment in respect of access to employment, working conditions and all other advantages which could help facilitate the workers integration into the host State.

It should be noted the right to Freedom of Workers only applies to workers. It does not apply to self- employed persons, students, retired or non-active persons (although these people may be covered by other areas of Community Law).

The European Court of Justice has defined the term “worker” as a person who undertakes genuine and effective work under the direction of someone else, for which they are paid. The workers’ family members also may have rights to live with the worker in the host Member State. They will have rights, equal treatment, education and social advantages and under certain circumstances may also themselves have a right to work.

It should also be noted that there were accession states to the European Union in 2004 and 2007. In very simple terms many of the former Eastern Bloc countries were admitted to the European Union taking the Member States total from 15 to 25.

As free movement of workers may be restricted by some Member States for a transitional period of up to seven years after accession, this effectively means that in 2011 and 2014 the whole of the European Union will be open for any citizen to work in any Member State.

Nick Warwick