12. Citizenship and free movement of persons: workers and establishment

Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

2021 ◽  
pp. 392-452
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter examines the free movement of workers, family members and non-active persons and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity. Free movement has now evolved beyond the economically active with access, for example, to social advantages and rights for family members. This chapter also considers the exceptions to free movement (e.g. the public health and public security exceptions) and special cases of free movement (e.g. sport and lawyers).


2001 ◽  
Vol 50 (1) ◽  
pp. 168-175 ◽  
Author(s):  
Jules Lonbay

As mentioned in the previous note1 the Amsterdam Treaty significantly alters the treaty structure as regards the free movement of persons. The EC treaty now has, as one of its formal activities as set out in article 3(1)(d), “measures concerning the entry and movement of persons as provided for in Title IV”. The creation of a new Title IV in the EC Treaty on establishing an area of freedom, security and justice moves a corpus of subject matter2 from the inter-governmental pillar on Justice and Home Affairs to the Treaty of Rome. The aim clearly set out is to establish, within five years, all the measures necessary to create “an area without frontiers” in accordance with Article 143 together with “flanking measures with respect to external board of controls of asylum and immigration” as well as “measures to prevent and combat crime in accordance with the provisions of Article 31 (e) of the Treaty on European Union”.4 Co-operation between the Member States is also to be strengthened and encouraged5 as well as measures in the field of police and judicial co-operation in criminal matters though the latter is in accordance with the provisions of the Treaty on the European Union.6


Author(s):  
Fabrício José Rodrigues de Lemos

A INTEGRAÇÃO ECONÔMICA E O REGIME JURÍDICO DO EURO  ECONOMIC INTEGRATION AND THE LEGAL REGIME OF THE EURO  Fabrício José Rodrigues de Lemos* RESUMO: Em um mundo de relações econômicas cada vez mais complexas, as nações se veem compelidas a formalizar uniões em torno de objetivos comuns, de maneira a fazer frente à acirrada concorrência internacional. Nesse sentido, buscam a formação dos chamados espaços econômicos integrados. Para isso, são necessários diversos requisitos, tais como a livre circulação de mercadorias, a liberdade de estabelecimento, a livre circulação de trabalhadores e de capitais. Entretanto, para que seja atingido o estágio mais aprofundado da integração econômica, além das exigências já exemplificadas, se constata imprescindível a instituição de moeda única. Nesse sentido, o artigo pretende, a partir de reflexões históricas e filosóficas acerca da implantação da zona do Euro, fazer apontamentos sobre a integração econômica existente na União Europeia, detalhando o regime jurídico da moeda única europeia, para, ao final, tecer considerações sobre o futuro do mercado comum europeu. PALAVRAS-CHAVE: Integração econômica. Zona do Euro. Regime jurídico. União Europeia. ABSTRACT: In a world of increasingly complex economic relations, nations find themselves compelled to formalize unions around common goals, in order to cope with the fierce international competition. In this sense, they seek the formation of the so-called integrated economic spaces. Thereunto, several requirements must be met, such as the free movement of goods, freedom of establishment, free movement of workers and capital. However, in order to achieve the furthest stage of economic integration, in addition to the requirements already explained, the institution of a single currency is imperative. In this sense, the article intends to give pointers, from historical and philosophical reflections about the implementation of the Euro zone, on the existing economic integration in the European Union, detailing the legal regime of the single European currency, to, at the end, weave considerations about the future of the common European market. KEYWORDS: Economic integration. Eurozone. Legal regime. European Union. SUMÁRIO: Introdução. 1 Reflexões Históricas e Filosóficas acerca da Implantação da Zona do Euro. 1.1 Implantação da Zona Monetária Comum e o Critério de Convergência. 1.2 Conceito de eficiência em Richard Posner e a maximização da riqueza e do bem-estar social. 2 Regime Jurídico na Zona do Euro. 2.1 Integração regional e o Mercado Comum Europeu. 2.2 Considerações sobre o futuro do Mercado Comum Europeu. Considerações Finais. Referências.  * Mestrando em Direito Público, na Linha de Pesquisa Sociedade, Novos Direitos e Transnacionalização, pela Universidade do Vale do Rio dos Sinos (UNISINOS). Bacharel em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS). Integrante do Núcleo de Direitos Humanos da Unisinos (NDH). Advogado. 


2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.


2020 ◽  
pp. 319-386
Author(s):  
Nigel Foster

This chapter examines European Union (EU) law concerning the free movement of workers, establishment, services, and citizenship. It traces the historical development of the free movement rights of the self-employed and other workers and discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). It explains the criteria for being considered an EU worker and describes the basic rights of those economically active EU nationals. It also considers the right of member states to refuse entry or order deportation and explains the procedural rights of persons facing such decisions. It considers the extension of free movement rights, which significantly affected the position of third-country nationals (TCNs), the wholly internal situations, and the extension of free movement rights into European citizenship. This chapter also discusses the general free movement provisions of the EU Directives and the Maastricht Treaty and analyses the case law of citizenship Articles of the Treaty on the Functioning of the European Union (TFEU), explaining the principle of the wholly internal rule and the treatment of TCNs.


2020 ◽  
pp. 323-351
Author(s):  
Sylvia de Mars

This chapter studies the ‘free movement of workers’, which was where free movement of persons law began under the Treaty of Rome. The current free movement of workers provisions are found in Articles 45–48 TFEU (Treaty on the Functioning of the European Union). Article 45 TFEU provides that freedom of movement for workers shall be secured within the Union. Such freedom of movement 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. The chapter then explores the personal, material, and geographical scope of Article 45 TFEU. It also looks at the impact of Brexit on the status of current and future EU ‘workers’. The 2016 UK referendum showed that concerns about EU nationals being able to come without any restriction to the UK and access both British jobs and British benefits were one of the key drivers in the vote to leave the EU.


Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.


Author(s):  
Nigel Foster

This chapter examines European Union (EU) law concerning the free movement of workers, establishment, services, and citizenship. It traces the historical development of the free movement rights of the self-employed and other workers and discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). It explains the criteria for being considered an EU worker and describes the basic rights of those economically active EU nationals. It also considers the right of member states to refuse entry or order deportation and explains the procedural rights of persons facing such decisions. It considers the extension of free movement rights, which significantly affected the position of third-country nationals (TCNs), the wholly internal situations, and the extension of free movement rights into European citizenship. This chapter also discusses the general free movement provisions of the EU Directives and the Maastricht Treaty and analyses the case law of citizenship articles of the Treaty on the Functioning of the European Union (TFEU), explaining the principle of the wholly internal rule and the treatment of TCNs.


2008 ◽  
Vol 23 (3) ◽  
pp. 157-168 ◽  
Author(s):  
Winfried Lotz-Rambaldi ◽  
Ines Schäfer ◽  
Roelof ten Doesschate ◽  
Fritz Hohagen

AbstractAccording to the aim of the Treaty of Rome from 1957 which postulated the free movement of workers throughout the European Union, the European Board of Psychiatry in the UEMS (European Union of Medical Specialists) carried out a comprehensive survey of training in psychiatry, including all member countries in order to evaluate the present state of training in psychiatry in each. The survey should indicate whether the training requirements [UEMS Section Psychiatry. Charter on training of medical specialists in the EU: requirements for the speciality psychiatry. European Archives of Psychiatry and Clinical Neuroscience 1997;247(Suppl.):S45–7; UEMS Section Psychiatry. Charter on training of medical specialists in the EU: requirements for the speciality psychiatry. <www.uemspsychiatry.org/board/reports/Chapter6-11.10.03.pdf>; 2003 [last revision]] have had an impact on the actual conditions of training in psychiatry in the member countries. We gathered 22 questionnaires from 31 national representatives involved and 424 questionnaires completed by the chief of training and the representative of trainees at the responding training centres from 22 countries. The results give an overview about the practice of training in psychiatry in many European countries. While there are great differences between the training centres in different countries, apparent progress towards developing high standards in training in psychiatry has been made.


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