1. FREE MOVEMENT OF PERSONS
Satu Pitkänen

2. SOURCES OF LAW Primary Law: EC Treaty Secondary Law
Articles 17, 18, 39, 62
Secondary Law
Regulations 1612/68, 1408/71, 883/2004
Directive 2004/38/EC
Case Law of the ECJ
Van Duyn 41/74, Levin 53/81, Adui and Cornuaille 115, 116/81, Reed 59/85, Kempf 139/85, Brown 197/86, Lair 39/86, Groener 379/87

3. ? Swedish Herr Johansson works for Microsoft in Stockholm.
Now he wants to move to England to start working for his present employer’s London unit.
Is it possible? If yes, explain how?

4. FREE MOVEMENT OF PERSONS
EU CITIZENS
NON-EU CITIZENS
Entering another member state: ID or passport
Staying for over 3 months: Registration with the competent authorities
Schengen Aquis:
Mutual immigration,
visa and asylum
policy
ECONOMICALLY
ACTIVE
Workers (employees)
Self-employed persons
NON-ECONOMICALLY
ACTIVE
Students
Former employees
Persons of
Independent means
May have
excessive
rights as
EU citizens’
family
members
Conditions on residence:
Proof of exercise of
an economic activity
Proof of financial subsistence and
Coverage of healthcare scheme
Rights granted:
Equivalent treatment of workers
Access to work
Terms and conditions
Social and tax advantages
Right to stay in the host state is
extended to the worker’s family
Equivalent treatment
Not the full range of social rights
Right to stay is extended to the
spouse and dependent children
© Satu Pitkänen 2016

5. UNION CITIZENSHIP
Union citizenship stands alongside national citizenship/nationality
Not a Community concept
Member States can’t challenge each other’s choice about refusing or restricting citizenship
Right to move and reside freely within the territory of the Member State
Right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides
Right to petition the European Parliament, to apply to the Ombudsman and to write to any of the institutions or bodies of the Union
Entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State

6. WORKER Community concept: Interpretation
During a certain period of time
Performing services for and under the direction of another
In return for remuneration
Interpretation
Genuine and effective, not marginal or ancillary
Length of time of employment
Quality and purpose of the activity
The status is not lost by
Temporary incapability of work
Vocational training

7. WORKER’S FAMILY The spouse The partner
with whom the worker has contracted a registered partnership on the basis of the legislation of a Member State
If the legislation of the host Member State treats registered partnerships as equivalent to marriage and
In accordance with the conditions laid down in the relevant legislation of the host Member state
The children under the age of 21, older children if dependable
Those of the spouse/partner
Ascendants of the worker and of the spouse/partner if dependable

8. FREE MOVEMENT AND RESIDENCE (1)
TEMPORARY STAY: FOR LESS THAN 3 MONTHS
EU citizens
Art 18 EC
Freedom of movement
Dir 2004/38
ID or passport
Visa is not needed
Non-EU citizens
Art 62 EC
Depending on their nationality and the Council regulation, entry visa may be needed
Non-EU citizens travelling with a family member who is an EU citizen, will be granted their visa free of charge and with minimum formalities

9. FREE MOVEMENT AND RESIDENCE (2)
EU CITIZENS
RESIDING FOR LONGER THAN 3 MONTHS
Registration with the competent authorities as a
Worker or a self-employed person
Confirmation of engagement from the employer or a proof of self-employment
Student
Confirmation of enrolment
Person of independent means
Disposal of sufficient resources and a comprehensive sickness insurance
Family members who are not EU citizens, must apply for a residence card
AFTER 5 YEARS OF UNINTERRUPTED RESIDENCE
Union citizens and their family members will acquire a permanent right of residence
The right will no longer be subject to any conditions

10. RIGHT TO LOOK FOR WORK EU CITIZENS AN UNEMPLOYED PERSON IS ENTITLED
To stay in another EU country for a ‘reasonable period’ of time in order to look for a job
Generally 6 months
Use the EURES network established by the European Commission and national employment departments
To continue for up to 3 months, on certain conditions, to draw any unemployment benefit he may have been receiving in his home country

11. RECOGNITION OF PROFESSIONAL QUALIFICATIONS
EU CITIZENS
RECOGNITION OF PROFESSIONAL QUALIFICATIONS
MAIN PRINCIPLE:
Once a person is qualified to exercise a profession in his home country, he is qualified to exercise the same profession in any other EU country
TWO CATEGORIES OF PROFESSIONS, VARIATIONS BY STATE:
Non-regulated professions
No recognition is necessary
Regulated professions
1) Coordinated professions
Can be practiced in any EU country
Doctor, general nurse, midwife, veterinary surgeon, pharmacist, architect
2) Other regulated professions
Recognition must be applied for in the host country

12. DEVELOPMENT OF WORKER’S RIGHTS
EU CITIZENS
PERSON IN SEARCH
OF EMPLOYMENT
Equal treatment when
applying for jobs
Right to stay in the host state
generally for 6 moths
Right to use the services of
the EURES network
WORKER
Right of residence for as long as remains a ’worker’
Equal conditions of employment
Social and tax advantages
Rights of worker’s family
FORMER WORKER
Continuing rights

13. RIGHTS OF WORKERS (1) EU CITIZENS
Reg. 1612/68
The right to take up an activity as an employed person
Access to available employment
Exception: Employment in the public service
Public service as a community concept applies only to employees safeguarding the general interests of the state
Freedom of movement of workers as one of the fundamental freedoms, is subject to broad interpretation
Transitional restrictions apply to the 12 new Member States by May 2011

14. RIGHTS OF WORKERS (2)
EQUALITY OF TREATMENT WITH THE WORKERS WHO ARE NATIONALS OF THE HOST STATE
Conditions of employment
Health and safety
Pay
Dismissal and reintegration
Social security and welfare benefits
Worker is insured in the host state
Social assistance, accommodation, family benefits etc
Target is coordination of the Member States’ social security legislation
So that workers’ contributions in different Member States are aggregated
To avoid double benefit
Tax benefits
Generally ‘resident for tax purposes’ in the host state
EU CITIZENS

15. RIGHTS OF WORKERS (3) EU CITIZENS
RIGHTS TO REMAIN IN THE TERRITORY OF ANOTHER MEMBER STATE
When resident for more than 3 months the worker needs to obtain a registration certificate if the host state runs a registration scheme
Worker and his family members may claim permanent residence in the host state after having continuously resided there for 5 years
For retirement, after
A 3 year period of continuous residence in the host state and
Having been working there for at least the preceding 12 months
Worker’s right of residence cannot be withdrawn while temporarily incapable of work
Due to involuntary unemployment or
As a result of illness or accident
Neither worker nor his family can’t be deported because the identity card or passport on which they entered the host state has expired
EU CITIZENS

16. ?
Herr Johansson has 5 children and he worries about their education. Knowing how expensive the British private schools are he thinks he can’t afford them.
Would you recommend him to forget his London dreams entirely?

17. RIGHTS OF WORKER’S FAMILY
EU CITIZENS
The rights are dependent on the status of being a family member of a migrant EU national
Members of a worker’s family have a right to install themselves with the migrant worker
=> They become ’favoured EC citizens’ => are entitled to equality of treatment with the families of the workers who are nationals
Irrespective of nationality, the family members may take up employment or self-employment in the host state
The children of migrant EC workers are entitled to full national treatment as regards all forms of state education

18. ?
In his wild youth, herr Johansson used to be a youth activist, and he sometimes participated even in illegal demonstrations. Once he was fined for destroying public property and once for violence.
Can these 15 years old incidents affect his immigration to England?

19. DEROGATIONS FROM FREE MOVEMENT OF WORKERS
EU CITIZENS
DEROGATIONS FROM FREE MOVEMENT OF WORKERS
Directly and indirectly discriminatory national measures violate Art. 39
Exception: Justification on grounds of
Public policy
Varies from state to state
Presupposes genuine and sufficiently serious, current threat to public policy
Presupposes personal conduct
Public security
Must be based on the individual conduct of the person concerned
Public health
With epidemic potential as defined by the WHO
Narrow interpretation
Justification depends on if the measure is necessary and proportionate to the aim pursued

20. APPLICATION OF LEGISLATION
EU CITIZENS
Direct effect
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 individuals (horizontal direct effect)
All Community law has vertical direct effect
Directives don’t have horizontal direct effect

21. ?
An Australian citizen, Mr. Cosgrove, would like to move over to France and start working there.
Is it possible? If yes, explain how?

22. NON-EU CITIZENS Schengen Agreement
Common policy on the temporary entry of persons
Mutual immigration, visa and asylum policy
Schengen visa grants access to the whole area
A valid residence permit from a Schengen Member State can substitute a visa
The agreement does not cover residency or work permits
For a longer stay than 3 months a national long term visa or residence permit is needed
Within the Schengen area, there are generally no identification checks at internal borders
Safeguard clause:
Member States may temporarily reintroduce checks on persons at their borders for reasons of public order or public security

23. History of Schengen Agreement
1985 agreement between Belgium, the Netherlands, Luxembourg, France and Germany
Originally subject to intergovernmental co-operation
Incorporated into the EC Law by the Treaty of Amsterdam 1999
Signatories:
EU Member states except
Republic of Ireland and the United Kingdom have opted out
Croatia, Cyprus, Romania and Bulgaria are not yet fully-fledged members
External members: Norway, Iceland, Switzerland and Liechtenstein
Switzerland and Liechtenstein
=> Schengen Aquis

24. Schengen Agreement Members Signatories Expressed interest
(set to
implement
Later)
Expressed
interest
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