Drept Comunitar - Project for erasmus exam

1. D R E P T C O M U N I TA R – P R O F. C A L I N H U R B E A N
1° Semester 2012/2013
THE FREEDOM OF WORKERS
Antonio Marco Camboni – ERASMUS FROM ITALY

2. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
The internal market
The internal market is intended to be conducive to increased
competition, increased specialization, larger economies of scale,
allows goods and factors of production to move to the area
where they are most valued, thus improving the efficiency of the
allocation of resources.
Free movement of:
GOODS – SERVICES – PEOPLE - CAPITALS

3. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
History of free movement of workers
The most important facts in the past
Article 45
TFEU
The
Directive
2004/38/EC
Treaty of
Rome
(1957)
Treaty of
Paris
(1951)

4. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
Intro to free movement of workers (1)
Article 45 TFEU (ex 39 and 48) states that:
1. Freedom of movement for workers shall be secured within the Community.
2. 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.
3. It shall entail the right, subject to limitations justified on grounds of public policy,
public security or public health:
a) Accept offers of employment actually made
b) Move freely within the territory of the Member States for this purpose
c) Stay in the Member State for the purpose of the employment
d) Remain in the Member State after having been employed.
4. The provisions of this article shall not apply to employment in the public service.

5. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
Intro to free movement of workers (2)
The idea behind Article 45 was to enable workers from states with high levels of
unemployment to move to other states where there was a demand for jobs.
In theory in the host state the migrant workers could find a job, and provide the skills
needed by the host state. Following this theory, workers are selected not for
nationality but for merit.
However, this was not the experience with workers from the EU 10 (the states which
joined in 2004), which decided whether they would permit free movement of workers,
using 2+3+2 formula.
For Romania and Bulgaria, which joined the EU on 1 January 2007, the restrictions for
these workers will finish on 31 December 2013

6. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
Definition of a worker
"The essential feature of an employment relationship, however, is
that for a certain period of time a person performs services for
and under the direction of another person in return for which he
receives remuneration.“
Some important elements:
•Purpose
•Time commitment
•Remuneration
•Direction of another

7. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
Access to Employment
Direct discrimination: Measures are direct discriminatory where the migrant worker is
treated less favourably than the national worker.
Indirect discrimination: this type of discrimination focuses on the effect of a measure,
which make explicit the principles formulated in that provisions laid down by national
law, regulation, or administrative action or practices will not apply where their
exclusive or principal aim is to keep nationals of other Member States away from
employment offered.
Ex. Italian Case

8. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
Equal Treatment during the Employment Relationship
Equal treatment in respect of the terms and conditions of employment
Equal treatment in respect of tax advantages
•Principles of tax law in cross-border situations
•Differential treatment of residents and non-residents
•The restriction/obstacle approach
Equal treatment in respect of social advantages
•Family members
•Work-seekers
•Limits
•Non-discrimination and justification
Equal treatment and vocational training
Equal treatment and other benefits

9. THE FREEDOM OF WORKERS IN THE EU UNION
A N T O N I O M A R C O C A M B O N I - I TA LY
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