FREE MOVEMENT OF WORKERS: AN OVERVIEW OF HISTORY AND RELATED AREAS AS RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND RESIDENCE RIGHTS Paul Minderhoud, Centre for Migration Law Coordinator Network on Free Movement of Workers

2 Rights of migrant workers: Time-line of (secondary) legislation 1957: Treaty of Rome 1961: Regulation 15/ : Regulation 38/64 Directive 64/ : Regulation 1612/68 Directive 68/ : Directive 2004/38

3 Directive 2004/38 ‘EU migrant worker’ is now a Union citizen with almost equal rights as nationals of the host Member State. Main exceptions: Expulsion is still possible in exceptional circumstances EU migrants have no voting rights in regional and national elections Exclusion from a limited number of jobs in the public service Exclusion of job seekers and economically non-active nationals of other MS from social assistance system of the host MS

4 Recognition of professional qualifications Directive 2005/36: facilitates the mutual recognition of professional qualifications between the Member States. Three main categories: Sectoral professions: doctor, nurse (general care), dental practitioner, veterinary surgeon, midwife, pharmacist and architect Professions in the field of trade, industry or business (referred to in Annex IV Directive 2005/36) General system professions

5 Entry and Residence (1) Directive 2004/38 regulates the entry and residence of EU citizens and their family members in another Member State. It makes a distinction between: Residence up to three months Residence from three months to five years Residence for longer than five years (permanent residence)

6 Entry and Residence (2) Article 7(1) Directive 2004/38 gives Union citizens the right of residence on the territory of another Member State for a period of longer than three months if they: are workers or self-employed persons in the host Member State; or are non active or students and have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State. Family members of Union citizens, who fulfil these conditions have the same right to reside.

7 Entry and Residence (3) EU citizens and family members who are EU citizens may be required to register with the competent authority, in which case they will be issued with a registration certificate. Family members who are third-country nationals will be issued a "residence card of a family member of a Union citizen". This residence card will be valid for five years or for the envisaged period of residence of the Union citizen, if this period is less than five years.

8 Entry and Residence (4) Retaining the status as worker (Art. 7(3) Directive 2004/38) If you are in duly recorded involuntary unemployment after having been employed for more than one year and you have registered as a jobseeker; If you are in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and you have registered as a job-seeker. (six months); If you embark on vocational training but only if the training is related to your previous job. If you are involuntarily unemployed, the training does not have to be related to your previous employment; If you are temporarily unable to work as the result of an illness or accident. In those cases you are still considered as a worker and, as such, you can claim the right of residence and access to social advantages

9 Entry and residence (5) Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. For workers or self-employed persons, who become pensioners or who stop working due to incapacity, a period of less than five years is sufficient for obtaining the right of permanent residence. The same applies to workers and self-employed persons who, after three years of continuous employment and residence in the host Member State, work in a (self-)employed capacity in another Member Sates, while retaining their place of residence in the host Member State, to which they return, as a rule each day or at least once a week (frontier workers).

10 Entry and Residence (6) Exclusion and expulsion is only possible in exceptional circumstances. The right to enter and to reside in another Member State as a worker and a jobseeker may be restricted only for reasons related to public policy, public security and public health. This must be proportionate and based exclusively on personal conduct, which must represent a genuine, present and sufficiently serious threat to one of the fundamental interests of society.

11 Monitoring Free Movement of Workers legislation The Centre for Migration Law of the Radboud University Nijmegen, The Netherlands, coordinates under the supervision of the European Commission a European Network on Free Movement within the European Union. One of the activities of this Network is the annual production of a European report on the implementation of EU free movement law in the Member States. The latest European report covers the period of 1 January July This and previous reports can be found on the website of the Commission:

12 Important themes European Report Effects of the economic crisis Returning migrants and other categories with special problems Employment in the public sector and language requirements Other obstacles: Administrative delays and complex legislation

13 Conclusion and outlook Free movement of workers is a valuable principle Challenge of the financial crisis Challenge of anti-immigration views Within the EU there are powerful institutional factors well- embedded in the EU acquis that protect the free movement of workers and that make almost impossible any regress to a national-based regime of regulating the mobility of EU citizens and their families.