Free Movement of Workers in the EU Doris Kiendl-Wendner FH JOANNEUM Graz, Austria

Aims of the Seminar Information on the basic principles of Free Movement of Workers in the EU

Aims of the Seminar Information on the basic principles of Free Movement of Workers in the EU Creation of Awareness about the economic and social significance of these principles in the European Common Market

Agenda Overview of the rules on free movement of workers

Agenda Overview of the rules on free movement of workers Analysis of the most relevant legal provisions

Agenda Overview of the rules on free movement of workers Analysis of the most relevant legal provisions Discussion of prominent cases

Agenda Overview of the rules on free movement of workers Analysis of the most relevant legal provisions Discussion of prominent cases Future perspectives

Legal Sources in EU Law

Free Movement of Persons Economically active employees (“workers”) self-employed persons

Free Movement of Persons Economically active employees (“workers”) self-employed persons Non-economically active students former employees persons having sufficient resources for their own financial support

Free Movement of Workers: Art. 39 E.C. Definition of a “Worker” Direct effect of this rule on both workers and public as well as private employers Rights under this rule Limitations on workers´rights Exceptions

Definition of the term “Worker”: Case Law Case Law of the European Court of Justice Case 53/81 “Levin” Case 139/85 “Kempf” Case C-350/96 “Clean Car Autoservice”

Definition of the term “Worker”: Criteria Community Concept (no member state autonomy)

Definition of the term “Worker”: Criteria Community Concept (no member state autonomy) Elements: genuine economic activity for remuneration during a certain period of time service under the direction of others.

Art. 39: Scope and Goals Abolition of direct discrimination

Art. 39: Scope and Goals Abolition of direct discrimination according to the nationality of the worker e.g. reservation of jobs for citizens of the country

Art. 39: Scope and Goals Abolition of direct discrimination according to the nationality of the worker e.g. reservation of jobs for citizens of the country Abolition of indirect discrimination obstacles for entry to the labor market for foreigners e.g. language (see Case GROENER 379/87)

Indirect Discrimination: Rule and Exception Rule: Also indirectly discriminatory national measures violate Art. 39 E.C.

Indirect Discrimination: Rule and Exception Rule: Also indirectly discriminatory national measures violate Art. 39 E.C. Exception: A national measure can be justified on special grounds (see Art. 39/3 and Case Law)

Indirect Discrimination: Rule and Exception Rule: Indirectly discriminatory national measures violate Art. 39 E.C. Exception: A national measure can be justified on special grounds (see Art. 39/3 and Case Law) Justification depends on proportionality (is the measure proportionate to the aim pursued? Yes or No?).

Direct effect of Art. 39 E.C. Individuals may enforce Community law rights before national courts, given that the EC Law is precise, unconditional and aims at conferring rights upon private persons against a state (vertical direct effect) AND against other individual persons (horizontal direct effect).

Rights under Art. 39 E.C. Exit, entry and residence

Rights under Art. 39 E.C. Exit, entry and residence Equal treatment

Rights under Art. 39 E.C. Exit, entry and residence Equal treatment Right to remain in host state after employment has ceased

Rights under Art. 39 E.C. Exit, entry and residence Equal treatment Right to remain in host state after employment has ceased Rights relating to workers´ families

Limitations on Workers´ Rights Derogation on grounds of public policy, public security and public health (Art. 39/3 E.C.)

Limitations on Workers´ Rights Derogation on grounds of public policy, public security and public health (Art. 39/3 E.C.) Public Service Exemption (Art. 39/4 E.C.)

Future Perspectives: Dir. 2004/38/EC Right of Citizens of the Union and their family members to move and reside freely within the territory of the Member States entered into force in April 2004 and will have to be transformed into national law by April 2006.

Thank you very much for your attention!