1. Free Movement of Workers in the EU
Doris Kiendl-Wendner
FH JOANNEUM
Graz, Austria

2. Aims of the Seminar
Information on the basic principles of Free Movement of Workers in the EU

3. Aims of the Seminar
Information on the basic principles of Free Movement of Workers in the EU
Creation of Awareness about the economic and social significance of these principles in the European Common Market

4. Agenda
Overview of the rules on free movement of workers

5. Agenda Overview of the rules on free movement of workers
Analysis of the most relevant legal provisions

6. Agenda Overview of the rules on free movement of workers
Analysis of the most relevant legal provisions
Discussion of prominent cases

7. Agenda Overview of the rules on free movement of workers
Analysis of the most relevant legal provisions
Discussion of prominent cases
Future perspectives

8. Legal Sources in EU Law

9. Free Movement of Persons
Economically active
employees (“workers”)
self-employed persons

10. Free Movement of Persons
Economically active
employees (“workers”)
self-employed persons
Non-economically active
students
former employees
persons having sufficient resources for their own financial support

11. Free Movement of Workers: Art. 39 E.C.
Definition of a “Worker”
Direct effect of this rule on both workers and public as well as private employers
Rights under this rule
Limitations on workers´rights
Exceptions

12. Definition of the term “Worker”: Case Law
Case Law of the European Court of Justice
Case 53/81 “Levin”
Case 139/85 “Kempf”
Case C-350/96 “Clean Car Autoservice”

13. Definition of the term “Worker”: Criteria
Community Concept (no member state autonomy)

14. Definition of the term “Worker”: Criteria
Community Concept (no member state autonomy)
Elements:
genuine economic activity
for remuneration
during a certain period of time
service under the direction of others.

15. Art. 39: Scope and Goals
Abolition of direct discrimination

16. Art. 39: Scope and Goals Abolition of direct discrimination
according to the nationality of the worker
e.g. reservation of jobs for citizens of the country

17. Art. 39: Scope and Goals Abolition of direct discrimination
according to the nationality of the worker
e.g. reservation of jobs for citizens of the country
Abolition of indirect discrimination
obstacles for entry to the labor market for foreigners
e.g. language (see Case GROENER 379/87)

18. Indirect Discrimination: Rule and Exception
Rule: Also indirectly discriminatory national measures violate Art. 39 E.C.

19. Indirect Discrimination: Rule and Exception
Rule: Also indirectly discriminatory national measures violate Art. 39 E.C.
Exception: A national measure can be justified on special grounds (see Art. 39/3 and Case Law)

20. Indirect Discrimination: Rule and Exception
Rule: Indirectly discriminatory national measures violate Art. 39 E.C.
Exception: A national measure can be justified on special grounds (see Art. 39/3 and Case Law)
Justification depends on proportionality (is the measure proportionate to the aim pursued? Yes or No?).

21. Direct effect of Art. 39 E.C.
Individuals may enforce Community law rights before national courts, given that the EC Law is precise, unconditional and aims at conferring rights upon private persons
against a state (vertical direct effect) AND
against other individual persons (horizontal direct effect).

22. Rights under Art. 39 E.C.
Exit, entry and residence

23. Rights under Art. 39 E.C.
Exit, entry and residence
Equal treatment

24. Rights under Art. 39 E.C. Exit, entry and residence Equal treatment
Right to remain in host state after employment has ceased

25. Rights under Art. 39 E.C. Exit, entry and residence Equal treatment
Right to remain in host state after employment has ceased
Rights relating to workers´ families

26. Limitations on Workers´ Rights
Derogation on grounds of public policy, public security and public health (Art. 39/3 E.C.)

27. Limitations on Workers´ Rights
Derogation on grounds of public policy, public security and public health (Art. 39/3 E.C.)
Public Service Exemption (Art. 39/4 E.C.)

28. Future Perspectives: Dir. 2004/38/EC
Right of Citizens of the Union and their family members to
move and
reside freely within the territory of the Member States
entered into force in April 2004
and will have to be transformed into national law by April 2006.

29. Thank you very much
for your attention!