Free Movement of Workers
Free Movement of Workers : The freedom of movement for workers within the European Union (EU) is regulated by Articles 39-42, TEC (new Articles III-18 to 21). In accordance with the Treaty of Rome establishing the European Economic Community (1957), freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the EU Member States as regards employment, remuneration and other conditions of work and employment. It shall entail the right to the following actions, subject to limitations justified on grounds of public policy, public security or public health: (1) accept offers of employment actually made; (2) move freely within the territory of Member States for this purpose; (3) reside 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; (4) remain in the territory of a Member State after having been employed in that State, subject to conditions that shall be embodied in implementing regulations to be drawn up by the Commission. The above-mentioned provisions are not applicable to employment in the public service. With a view to applying this principle, the Council, acting in accordance with established procedures and after consulting the Economic and Social Committee, issued a number of directives and regulations to enforce the freedom of movement for workers, in particular by: ensuring close cooperation between national employment services; systematically and progressively abolishing those administrative procedures and practices and those qualifying periods with respect to eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to the liberalization of the movement of workers; restrictions provided either under national legislation or under agreements previously concluded between Member States that imposed conditions regarding the free choice of employment on workers of other Member States that differ from those imposed on workers of the State concerned; setting up appropriate machinery to bring offers of employment in touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries. In this context, Member States have set up joint programmes for encouraging the exchange of young workers. The Council, acting on proposals from the Commission, has adopted measures in the field of social security for providing arrangements to secure the following for migrant workers and their dependants: (1) aggregation, for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, of all periods taken into account under the laws of the various countries; and (2) payment of benefits to persons resident in the territories of Member States. See: Employment services; Free movement of persons (visas, asylum, immigration and other policies); Migration for employment; Youth
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