• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Free movement of workers

Extracts from this document...

Introduction

Free Movement of Workers Introduction The issue of Free Movement of Workers is central to the elimination of one of the barriers to the internal market, which as an essential basis for the European Community, is a matter of considerable debate. In determining which appears to be the prevailing interpretation, we will have to regard Article 39 of the Treaty governing the Free Movement of Workers. There will be an examination of cases and integration of political, social and economical context of the European Union with reference to the free movement of workers. It is submitted that although there is some evidence in support for a narrow interpretation, the conclusion made in Antonissen appears to be the prevailing view. Free Movement of Workers Article 18 is the primary right to free movement for citizens of the Union, subject to the 'limitations and conditions' of the Treaty and secondary legislation. Article 39 refers to the free movement of 'workers'. Article 39 (1) provides the principle of freedom of movement for workers shall be secured in the community. Article 1 of Regulation 1612/68 refers the right to take up an activity as an employed person. ...read more.

Middle

However in Commission v Belgium10, ECJ held that three months was also reasonable, provided it can be extended if the work seeker has genuine chances to do so. It has been clarified that work seekers are entitled to entry of another member state. But ECJ has confirmed that work seekers have limited rights of residence and will not have the benefits that full worker status has. The current legislation continues to require an economic element either direct or indirect. The economic element for non workers lies in the fact that the citizens of the Union have a right to move freely, only if they do not require social assistance from the host member state. Oliveira (2002)11 points out it is still very much dependent on the enjoyment of 'a degree of financial self-sufficiency' in other words carrying out an economic activity or being in possession of sufficient resources. The court is not willing to impose on Member State the duty to finance the integration in its labour market for unemployed EU citizens. Account must be taken of considerations such as length of residence on territory, age, health, economic situation, social and cultural links integration and links with country of origin (Cases C- 482/01 and C-493/01 Orfanopoulos and Oliveri v Land Berlin-W�rttemburg, judgment of 29 April 2004). ...read more.

Conclusion

this was the case in Antonissen, however in Bouchereau15 the freedom of movement of workers was refused because it was held that he had convictions which was a genuine threat to society. Conclusion It seems that the right to enter a Member State in search for work is available to all EC citizens. The ECJ has interpreted Article 39 wide; the narrow interpretation of Article 39 (3) refers to free movement of workers to 'offers of employment actually made'. However since the ruling in Royer and further in Antonissen has created the right to enter a Member State in search for work, broad fundamental rights has derived from the Treaty itself (Article 39). The EC citizen who entered the territory of another member state in order to seek employment shall not be expelled for as long as the EC citizen can provide evidence that they have genuine chances of finding a job (article 14 (4). So the status of a job seeker is recognised by directive 2004/38 but duration of that right is not measured in years or months. It is submitted that although there is some evidence in support for a narrow interpretation, the conclusion made in Antonissen appears to be the prevailing view. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. Marked by a teacher

    What is the meaning of the term 'measure equivalent to a quantitative restriction' for ...

    4 star(s)

    Therefore Dynamic selling arrangements, or rather those relating to the ways in which a product can be sold or marketed could therefore be said to be included in the ambit of Article 28 as they relate more closely to the nature of the product, and advertising rules may well hinder intra-Community trade.

  2. How far has the creation of a single market in goods resulted in the ...

    However, 'public policy' apparently has boundaries very narrowly defined from the outset. In R v Thompson[1978]67 the ground was successfully used to justify restricting important and export of gold coinage to protect the right to mint coinage, however, case law in general has been cautious not to make the ground a 'catch-all' safety net for states68.

  1. EU Law - age discrimination and market access case studies.

    current issues are actual quantitative restrictions (a ban or quota on imports), or measures having equivalent effect to a quantitative restriction (MEQRs). According to case C-2/73 Geddo v Ente Nazionale Risi, a quantitative restriction can be defined as 'measures which amount to a total or partial restraint of, according to the circumstances, imports, exports or goods in transit'.

  2. Free movement of capital and payments. Although the 1957 Treaty of Rome included ...

    important and authoritative reference.5 The ECJ also frequently reiterates that the list in Annex I is non-exhaustive, signalling that it is willing to consider other transactions and activities as constituting movements of capital. The intra-EU free movement of capital cases not related to direct taxation can be placed (with a few exceptions)

  1. With reference to the works of two or more comparative lawyers and other sources, ...

    of both law systems and apply them increasingly in the field of international arbitration. How far the IBA Rules of Evidence are accepted is proved by the fact that these rules - initially considered as compromise for proceedings between common law parties on the one hand and civil law parties

  2. EU Freedom of Establishment. In this essay I will discuss the definition of establishment ...

    The ECJ added that in the interests of the administration of justice, France was justified in requiring lawyers to abide by its rules of professional ethics and to practise in such a way as to maintain sufficient contact with their clients and the courts, but this could be facilitated by:

  1. What was the relationship between the Factortame case and the Treaty of Rome 1957?

    the European Court continues to protect fundamental rights adequately. In other words, the German Constitutional Court is willing to trust the European Court to strike down Community legislation that is contrary to fundamental rights.(Gary Slapper & David Kelly, The English Law System (12th Edn, Routledge, Ldn 2011) 680) [56] H.W.R.

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    Law of the European Union, Kent, P., (2001) Longman 6. Basic Community Cases, Rudden and Phelan, (1997) Oxford University Press 7. Cases and Materials on EU Law, Weatherill, (2005) Oxford University Press 8. Europa: Gateway to the European Union: http://europa.eu.int/index_en.htm.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work