Institutional Models under Directive 2014/54: Advantages and Disadvantages for Free Movement of Workers and their Family Members

2018 ◽  
Vol 20 (3) ◽  
pp. 223-250
Author(s):  
Lyra Jakulevičienė ◽  
Regina Valutytė ◽  
Inga Daukšienė
Keyword(s):  
Family Members ◽  
Free Movement ◽  
Specific Situation ◽  
Member States ◽  
Advantages And Disadvantages ◽  
Free Movement Of Workers ◽  
Institutional Model ◽  
The Eu

Abstract Despite many efforts to empower the EU citizens and their family members to benefit from the free movement of workers, numerous well-documented obstacles are still present within the EU. The EU intends to eliminate the gap between the rights on paper and in practice in Directive 2014/54 by establishing four procedural pillars—promotion, support, analysis and monitoring. The functions are entrusted to the institution(s) designated by the Member States leaving them a wide discretion to choose the most appropriate institutional model. This article focuses on the analysis of the advantages and disadvantages of three possible institutional setups—establishment of a new institution, extension of the mandate of an existing body and assignment of the tasks to several existing national bodies. The study examines which model is more suitable to meet the aims of the Directive, taking into consideration the nature and content of the abovementioned pillars and specific situation in the different Member States.

scholarly journals Review of the Construction Labour Demand and Shortages in the EU

Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak
Keyword(s):  
Free Movement ◽  
Construction Sector ◽  
The European Union ◽  
Total Employment ◽  
Member States ◽  
Skill Levels ◽  
Eu Member States ◽  
Free Movement Of Workers ◽  
European Union Member States ◽  
The Eu

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 809-860
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

22. Free Movement of Workers

EU Law ◽  
2020 ◽  
pp. 781-831
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.

21. Free Movement of Workers

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Family Members ◽  
Legal Issues ◽  
Free Movement ◽  
Eu Law ◽  
Central Importance ◽  
Basic Rights ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law.

Provisions Common to the Right of Residence and the Right of Permanent Residence

2019 ◽  
pp. 229-252
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Economic Activity ◽  
Family Members ◽  
Free Movement ◽  
Equal Treatment ◽  
Permanent Residence ◽  
The Status ◽  
Free Movement Of Workers ◽  
The Right ◽  
Treatment Rules ◽  
The Eu

This chapter addresses Chapter V of the citizens’ Directive, which sets out a number of overarching provisions that apply both to the right of residence and the right of permanent residence. The Articles in Chapter V define the territorial scope of residence rights (Article 22) and confirm the entitlement of family members of EU citizens who move within the EU to engage in economic activity (Article 23). Further provisions elaborate on the application of the principle of equal treatment to migrant Union citizens and their family members (Article 24) and clarify the status of residence documents issued by national authorities (Article 25). Chapter V also regulates the entitlement of Member States to carry out checks on non-nationals (Article 26). Chief among these provisions is the principle of equality, which also overlaps with equal treatment rules in legislation governing the free movement of workers and the Treaty rules on equal treatment in relation to EU citizenship.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

scholarly journals Durable Relationship and Family Members “by Analogy” in the European Union

2018 ◽  
Vol 10 (4) ◽  
pp. 175
Author(s):  
Tanel Feldman ◽  
Marco Mazzeschi
Keyword(s):  
Member State ◽  
Family Member ◽  
Family Members ◽  
The European Union ◽  
Member States ◽  
Registered Partnership ◽  
The Family ◽  
Definition Of ◽  
Union Citizen ◽  
The Eu

Rights of residence derived from a durable relationship with an EU citizen, are left to a relatively wide discretion of the Member States. Pursuant to Article 2.2 (b) Directive 2004/38/EC (“Directive”), “the partner with whom the Union citizen 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” qualifies as family member. Provided that they have a durable relationship (duly attested) with an EU citizen, pursuant to Article 3.2(b), unregistered partners are as well beneficiaries of the Directive. The durable relationship was expressly excluded from the scope of Article 2(2)(b): “Unlike the amended proposal, it does not cover de facto durable relationships” (EU Commission, Document 52003SC1293). Article 3 (2)(a) covers “other family members” (no restrictions as to the degree of relatedness) if material support is provided by the EU citizen or by his partner or where serious health grounds strictly require the personal care of the family member by the Union citizen. Pursuant to Article 3.2, “other family members” and unregistered partners can attest a durable relationship, must be facilitated entry and residence, in accordance to the host Member State’s national legislation. In the light of Preamble 6 Directive, the situation of the persons who are not included in the definition of family members, must be considered “in order to maintain the unity of the family in a broader sense”. The questions discussed in this paper are the following: (i) are Member States genuinely considering the concept of durable relationship in view of maintaining the unity of the family in a broader sense? and (ii) how to overcome legal uncertainty and which criteria, both at EU and at international level, can be taken into account in order to assess whether a durable relationship is genuine and should be granted the rights set forth by the Directive?

Do National Activation Measures Stand the Test of European Law on the Free Movement of Workers and Jobseekers?

2010 ◽  
Vol 12 (1) ◽  
pp. 81-103
Author(s):  
Herwig Verschueren
Keyword(s):  
Labour Market ◽  
Point Of View ◽  
Free Movement ◽  
European Law ◽  
European Level ◽  
The Third ◽  
Cross Border ◽  
Legal Context ◽  
Free Movement Of Workers ◽  
The Eu

Abstract This article examines the compatibility of national measures taken to stimulate non-active people to enter the labour market (the so-called activation measures) with European law on the free movement of workers and jobseekers. It will first give a short overview of the objectives of the European employment strategy, more specifically with regard to the activation of workers. Subsequently it will sketch the European legal context of the free movement of workers and jobseekers, with special attention for the measures taken at the European level to enable and stimulate labour migration within the EU and thus create a European labour market. In the third part, by way of example, we will have a closer look at a number of activation measures taken in Belgium and examine which problems could arise in cross-border applications from the point of view of European law.

The EU and the European Other: the Janus face of EU migration and visa policies in the neighbourhood

2018 ◽  
pp. 167-180
Author(s):  
Igor Merheim-Eyre
Keyword(s):  
Single Market ◽  
Free Movement ◽  
Individual Member ◽  
Free Access ◽  
Member States ◽  
Norms And Values ◽  
The Eu

Igor Merheim-Eyre examines an area where EU values and interests appear to be currently in real tension – migration. Once again, while the EU institutions themselves may wish to promote values, individual member states are protecting their interests. He examines the ways in which the development of the single market and internal free movement has led to the need for greater control of the EU’s external borders. In this context the neighbours are seen as having a responsibility to help protect the EU from migration from further afield. In acquiescing in this they are promised visa-free access. We see the application of conditionality by the EU, referred to in several chapters, used not to just to promote norms and values but to defend the EU’s security interests. The EU may wish Turkey to be EU-ised but more immediately it needs Turkey to stop migration into the EU from Syria.

Human Rights in EU Migration Laws and Policies

2021 ◽  
pp. 463-538
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Free Movement ◽  
Current Status ◽  
Eu Member States ◽  
Immigration And Emigration ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Laws And Policies ◽  
The Eu

This chapter analyses the tools used as part of EU migration policy and argues that these are very much focused on control which has negative implications for the human rights of migrants. The EU's current status as a major international player in migration governance has become only possible after the development of the relevant competences on migration and asylum. The original Treaty of Rome included no provisions on migration other than those ushering in the free movement of workers among EU Member States. Today, the free movement of EU Member State nationals has been incorporated into the notion of EU citizenship which does not create a new and separate bond of nationality between the EU and the citizen, but refers to a collection of rights, duties, and political participation stemming from EU law. While the notion of migration covers both immigration and emigration, the chapter focuses on the laws and policies regulating immigration into the EU and briefly touches upon third country nationals' (TCNs) rights of residence and movement within the EU.

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