FREE MOVEMENT OF WORKERS IN THE EU Prof. dr. Iris Goldner Lang Faculty of Law, University of Zagreb

BARRIERS TO FREE MOVEMENT OF WORKERS Discrimination based on nationality Work permits Quotas Residence requirement Language requirement Rules about professional qualifications Discriminatory administrative practices

ART. 45 TFEU (1) “Freedom of movement for workers shall be secured within the Union.” (2) “Such freedom 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.”

ART. 45 TFEU Economic ↔ social aspect of free movement of workers Are TCNs encompassed by Art. 45(1) TFEU? Territorial scope of Art. 45(1) TFEU Vertical and horizontal direct effect of Art. 45TFEU (36/74 Walrave & Koch, C-415/93 Bosman, C-281/98 Angonese) Direct discrimination (nationality)/ indirect discrimination

SCOPE (3) It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. Non-exhaustive list – Art. 45(3) TFEU encompasses the right to move to another MS for the purpose of searching for employment – min 3 months (C-292/89 Antonissen)

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