Movement and Residence of Workers and their Family within the European Union

Résumé du document

One of the freedoms within the single market of the European Union is the free movement of workers. The European Union is now, considered as a "single territory" without internal boundaries. This should mean that no restriction should be seen on the mobility of workers through the different Member States. Through Article 39 of the Treaty establishing the European Community, movement and residence of workers shall not be restricted by Member States. The "directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families" added to the Regulation of this same date, get on the path of enabling the creation of a European labor market. In this situation, how may we explain the fact that restrictions still exist regarding the New Member States?

Extraits

[...] First of all of course is pointed out the free movement of workers within the community. It also tries to avoid any kind of discrimination on nationality. This shall concern especially how workers will be employed, treated on the workplace, the abolition of differences of remuneration and they shall receive the same social advantages as national workers. To this is added then the freedom of staying in the “Host Member State” for the purpose of work and even after the end of the work activity in this same state. [...]

[...] But it can be definitely hard without the help of Member States continuing into letting internal barriers within the Community. [...]

[...] (An example of case claiming discrimination on the basis of nationality) On the other hand Mr. Angonese (Case C-281/98) was asked to confirm his linguistic knowledge within a specific “diploma issued only in one particular province of a Member State”. This requirement for the recruitment puts Mr. Angonese at a disadvantage because people from the other Member States will have some hard time to get this diploma and consequently to reach access to employment. These are some kind of restrictions which the EU directives 68/360/EEC, 2004/38/CE, and Treaty establishing the EC are trying to get rid of since 1968 by promoting this unique “Single Market” integrating a European Labor Market. [...]

[...] Otherwise, they can finally enjoy their right of moving freely within the Community as an EU citizen. In addition to these restrictions Germany and Austria can rely on another specific clause which is the one concerning some activity sectors in these Member States “such as construction and industrial cleaning”. In fact, if these sectors are affected and can be considered as in threat of the movement of workers, restrictions can be applied for a certain period of time. Through these directives discussed we can definitely see that the EU works hard into enabling EU citizens and workers to enjoy freely of their fundamental freedom of movement and residence within the Community with their family. [...]

[...] This is exactly what can be seen on the portal site of the European Union. Such a paradox for the EU which scope is to enlarge a unique market and to promote EU citizen to enjoy his right to move freely within the Community. This is called the 2+3+2 model. What does it mean? Actually it means that the first 15 Old Member States can issue national restrictions concerning the freedom of movement of workers coming from the New Member States. [...]