The Material Content of the Free Movement of the Workers in European Union

• Author: Antonel Marius Dobrea
• Position: Academy of Science of Moldova - Institute of History, State and Law
• Pages: 147-160

Legal Sciences

147

The Material Content of the Free Movement of the

Workers in European Union

Dobrea Antonel Marius

Academy of Science of Moldova - Institute of History, State and Law, mariusdobrea@gmail.com

Abstract: The free movement of persons aims at creating a unique market and forming a political point of

view at achieving a greater cohesi on between the nations that are part of the European Community by cutting

down the barriers concerning the phenomenon of migration and promoting community citizenship.

Keywords: free movement; workers; restrictions

Along with the first great extension of the European Union on May 2004, but mostly with the

broadening from 2007, the majority of the old member states chose to introduce “transitory

arrangements” concerning the free movement of the workers along Union. The restrictions are to be

applied for eight of ten new member states (Cyprus and Malta aren’t included).

From European Union’s States, Ireland and Sweden decided to forbear from imposing such kind of

restrictions to the citizens of the European Union. Great Britain enacted an obligatory scheme of

registering, while all twelve states decided to keep the work allowance. Instead, the new member

states received the right to invoke the reciprocity of these measures. Between them, the states of the

European Union are obliged by the stipulations of the “Adherence Treaty” to execute the local laws

regarding the free movement of the workers, starting with The first of May, 2004.

According to the Adherence Treaty, signed in 2003, the free movement of the work force can be

rejected for a maximum period of seven years. This transitory period was divided into three distinct

phases (the so called formula 2+3+2)

1

, as it follows:

• during the first phase (t ill April 30

th

, 2006), European Union’s states can apply the national

measures, basing themselves on the bilateral accords which are to be found in the formulation of

the politics regarding the work force;

• on January 2006, The Commission presented to The Council a report on the functioning of the

transitory arrangements. Basing themselves on the conclusions gathered in the frame of this

report, European Union’s states had to notify the commission about their intentions concerning

the following period.

1

For more details, the european commissary Spidla’s point of view regarding “The restrictions imposed to the w orkers from

East”, expressed on September 20

th

, 2005, in front of The Commission, when all member states were requested to “seriously

examine” the possibility of renouncing to the restrictions imposed to the work force, must be seen. The commissary for work

force, Spidla, said: The free movement of the work force “should be enacted by all”.