what is free movement

8/2/2019 What is Free Movement

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The free movement of workersThe free movement of workers


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The free movement of persons is aThe free movement of persons is a

fundamental precondition of thefundamental precondition of thecommon internal market and ancommon internal market and an

essential element of Europeanessential element of European

citizenshipcitizenship


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Internal marketInternal market an area withoutan area withoutany frontiers where goods, services,any frontiers where goods, services,

capital andcapital and personspersons move freely.move freely.


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European citizenshipEuropean citizenship

y Any person who holds the nationality of

an EU country is automatically also an EU

citizen. EU citizenship is additional to and

does not replace national citizenship.


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Every European citizen can:Every European citizen can:

y vote for and stand as a candidate inEuropean Parliament and municipalelections;

y be protected by the diplomatic andconsular authorities of any other EUcountry;

y petition the European Parliament andcomplain to the European Ombudsman;

ymove and reside freely within theEU;


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Legal basisLegal basis

y The Treaties

y Schengen Agreement

y

The case-law of the Court of Justicey the Charter of Fundamental Rights of the

European Union (signed and proclaimed

in Nice at 2000)

y Directive 2004/38/EC (the right of

citizens of the Union and their family

members to move and reside freely)


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Article 21 (ex Article 18 TEC)

y 1. Every citizen of the Union shall have

the right to move and reside freely within

the territory of the Member States,

subject to the limitations and conditionslaid down in the Treaties and by the

measures adopted to give them effect.


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SchengenSchengen agreementagreement

y The Schengen Agreement is a treaty

signed on 14 June 1985

y In 1997 AmsterdamTreaty incorporated

the Schengen Agreement into the

mainstream of European Union law

y The Schengen area represents a territory

where the free movement of persons isguaranteed


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28 countries; over 400 million people; an area of 4,312,099 sq. km.

Schengen areaSchengen area


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The key rules of SchengenThe key rules of Schengen

y no checks on persons at the internal

borders;

y a common set of rules for people

crossing the external borders of the EU

y harmonization of the conditions of entry

and of the rules on visas for short stays;

y stronger police and judicial cooperation

y establishment and development of the

Schengen Information System (SIS).


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Free movement of people (DirectiveFree movement of people (Directive

2004/38/EC)2004/38/EC)y EU citizens can reside on the territory of anotherEU country for up to three months

y To reside in another EU country for more thanthree months, EU citizens are required to meetcertain conditions depending on their status

y EU citizens can acquire the right to permanentresidence in another EU country after legallyresiding there for a continuous period of five

years;y The family members of EU citizens have the

right to accompany or join them in another EUcountry, subject to certain conditions.


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Family membersFamily members

Irrespective of their nationality:

y spouse

y registered partner

y Direct descendants who are under the

age of 21 or are dependants

y dependent direct relatives in the

ascending line (e.g. parents, grandparents).


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What isWhat is Free Movement ofFree Movement of

workers?workers?

y Nationals of one EU country can work in

another EU country on the same

conditions as that member state's own

citizens

y For workers, this freedom has existed

since the foundation of the European

Community in 1957


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Legal basisLegal basis

y The Treaties

y Regulation (EEC) No 1612/68 of 15

October 1968 (amended by Regulations

312/76 and 2434/92)

y Directive 2004/38/EC


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Article 45 (ex Article 39 TEC)

y 1. Freedom of movement for workers shall besecured within the Union.

y 2. Such freedom of movement shall entail theabolition of any discrimination based onnationality between workers of the MemberStates as regards employment, remuneration andother conditions of work and employment.

y 3. It shall entail the right, subject to limitations

justified on grounds of public policy, publicsecurity or public health

y 4. The provisions of this Article shall not apply toemployment in the public service.


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EU citizens can:EU citizens can:

y look for a job in another EU country

y work there without needing a workpermit

y reside there for that purposey stay there even after employment has

finished

y

enjoy equal treatment with nationals inaccess to employment, workingconditions and all other social and taxadvantages


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The right of movementThe right of movement

y Only onerequirement - avalid identity

document orpassport

y EU citizenship -the basic status

for workers tomove and residefreely on EUterritory


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The right of residenceThe right of residence

y People who are employed in another EUcountry are entitled to live there.

yJobseekers are also allowed to stay in

another country while they are lookingfor a job.

y The host country may require them, as"EU migrant workers", to register withthe authorities as residents.

y All legal and administrative formalitiesdepend on the length of stay


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Migrant workers for more than a sixMigrant workers for more than a six

months stay must:months stay must:y either be engaged in economic activity

(on an employed or self-employed basis);

y or have sufficient resources and sickness

insurance to ensure that they do notbecome a burden on the social services

y or be following vocational training as astudent;

y

or be a family member of a Unioncitizen who falls into one of the abovecategories.


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The right of permanent residenceThe right of permanent residence

y Acquire the right after a five year period

of uninterrupted legal residence

y This right of permanent residence is no

longer subject to any conditions.

y The right of permanent residence is lost

only if the person as absence from the

country for more than two years


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The right to look for a jobThe right to look for a job

Any EU national has the right to:

y look for a job in another EU country

y receive the same assistance from the

national employment offices as nationals

of their host country

y stay in the host country for a period long

enough to look for work, apply for a joband be recruited.


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Equal treatmentEqual treatment

Any EU citizen has the same right to work

in another EU country as nationals of that

country with:

y the same conditions

y no quantitative limits or discriminatory

recruitment criteria


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Restrictions:Restrictions:

y on grounds of: public policy, public

security or public health.

y on taking up jobs in the public service

y on the freedom of movement of nationals

of the new Member States


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The negative sideThe negative side


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Thank You For Attention!Thank You For Attention!

what is free movement

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