Regional Free Movement of People at the Global Level: The Case of the Eurasian Economic Union (EAU)

The paper research is on free movement of people at the Eurasian Economic Union (EAEU). It introduces the main components of the EAEU’s free mobility regime, its promises and challenges. The author argues that the free movement of people regimes are not similar and respond to different needs and origins. Trying to answer, if free movement of people in the EAEU Treaty is the EU Model, the author discovers that in fact, the EAEU’s scheme finds its roots in regional treaties signed and developed in the post-Soviet space in the 1990s. The paper has a discussion on the challenges of implementation and interpretation and situates them within a larger global panorama of regional free mobility schemes beyond the EU. Conclusions are made with some thoughts and suggestions for future research, also in light of the general closure of borders during the COVID-19 pandemic. This paper offers different insights on the free movement of workers at EAEU level. It has identified how the EU cannot really be considered as a model on several key aspects, notably the absence of the principle of non-discrimination enshrined in the Treaty and the lack of a secure residence status beyond the conclusion of an employment agreement. Researchers will need to continue to measure and investigate its implementation and the effects the free movement regime has in the inclusion of EAEU workers. More research will also be needed in light of the closure of borders during the pandemic and the effects that might have in the near future on the EAEU’s free movement regime.

O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

12. Free movement of persons and services and freedom of establishment

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).

A resisting enclave of social rights – protecting the children of former workers: C-181/19, Judgment of the Court (Grand Chamber) of 6 October 2020 Jobcenter Krefeld – Widerspruchsstelle v JD

The boundaries of financial solidarity between the Member States have long been a hotly debated issue. With Jobcentre Krefeld, the Court puts an end to the saga of the rights of children of former workers and their primary carer. It firmly anchors its ruling in the free movement of workers and distinguishes the case from the Dano and Alimanovic cases.

Human Rights in EU Migration Laws and Policies

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.

Review of the Construction Labour Demand and Shortages in 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.

The Self-employed and the EU Court of Justice: towards new social protection of vulnerable EU citizens?

European citizens have been exposed to social exclusion risks due to the economic crisis and the retrenchment in the welfare state budget. Among those exposed, we find workers and self-employed workers. The Member States of Central and Northern Europe have tried to restrict the free movement of workers and the self-employed and limit access to social benefits for European citizens from Eastern Europe. On the other hand, the European institutions have tried to save the notion of the European citizen as the promoter of the integration process. Recently, the Court of Justice seems to have reprised the role of bulwark against the social exclusion of migrant European citizens in the host Member State. Adding to Florea Gusa and Tarola, the Dakneviciute case law confirms the new interpretative trend of the Court of Justice towards greater protection of the migrant self-employed worker who needs to access the welfare of the host Member State in a period of vulnerability. The recommendation is that this course continues, allowing us to overcome the restrictive jurisprudence developed in the Dano trend.