FREE MOVEMENT OF WORKERS IN THE EU

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FREE MOVEMENT OF WORKERS IN THE EU

• Prof. dr. Iris Goldner Lang
• Faculty of Law, University of Zagreb
• igoldner_at_pravo.hr

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BARRIERS TO FREE MOVEMENT OF WORKERS

• Discrimination based on nationality
• Work permits
• Quotas
• Residence requirement
• Language requirement
• Rules about professional qualifications
• Discriminatory administrative practices

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ART. 45 TFEU

• (1) Freedom of movement for workers shall be
  secured within the Union.
• (2) Such freedom shall entail the abolition of
  any discrimination based on nationality between
  workers of the Member States as regards
  employment, remuneration and other conditions of
  work and employment.

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• ART. 45 TFEU
• Economic ? social aspect of free movement of
  workers
• Are TCNs encompassed by Art. 45(1) TFEU?
• Territorial scope of Art. 45(1) TFEU
• Vertical and horizontal direct effect of Art.
  45TFEU
• (36/74 Walrave Koch, C-415/93 Bosman, C-281/98
  Angonese)
• Direct discrimination (nationality)/ indirect
  discrimination

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• SCOPE
• (3) It shall entail the right, subject to
  limitations justified on grounds of public
  policy, public security or public health
• (a) to accept offers of employment actually made
• (b) to move freely within the territory of Member
  States for this purpose
• (c) to stay 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
• (d) to remain in the territory of a Member State
  after having been employed in that State, subject
  to conditions which shall be embodied in
  implementing regulations to be drawn up by the
  Commission.
• Non-exhaustive list Art. 45(3) TFEU encompasses
  the right to move to another MS for the purpose
  of searching for employment min 3 months
  (C-292/89 Antonissen)

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