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
SUMMARY

The free movement of persons aims at creating a unique market and forming a political point of view at achieving a greater cohesion 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

 
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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 Treatyto 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”.

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