Exceptions to the principle of free movement of workers in the European Community: the Case of Persons infected with HIV/AIDS

• Author: Abdula Azizi - Zemri Elezi - Octavia Daniela Steriopol
• Position: Associate Professor of Public Administration, Faculty of Public Administration and Political Science, South East European University - Associate Professor of Public Administration, Faculty of Public Administration and Political Science, South East European University - Professor at Technical College of Public Alimentation And Tourism 'Dumitru ...
• Pages: 139-145

Legal Sciences

139

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Exceptions to the Principle of Free Movement of Workers in the European

Community: the Case of Persons Infected with HIV/AIDS

Zemri Elezi

1

, Abdula Azizi

2

, Octavia-Daniela Steriopol

3

Abstract: The movement of workers in the years after the foundation of the European Community (EC) was

as a result of the labor market needs, essential ly in most developed countries in which there was a lack of

specific profiles of occupation and skilled workers. Due to the fact that, every member state of EC

discretionary regulates the issues relating to free movement of workers, working conditions and organizat ion

of working hours, it was inalienable the harmonization of rules at the EC level. Even today there are a large

number of legal measures regarding the harmonization of legislation on free movement in the EC member

states; however, they are sometimes interpreted differently by its member states, par ticularly those related to

movement restrictions. Specifically, in the framework of realization of the right to free movement will als o

analyze the rules that exclude this right and states conduct against pers ons who violate the rules on fr ee

movement. As states, under the protection of public health of their citizens, they have the right to restrict the

free movement of workers c oming from other states, in this context this paper will analyze the behavior of

states towards persons infected with the virus HIV. This paper will analyze the right to free circulation of

workers in the EC, and t he limitations that exist in several member states, whereas s uggests eliminating the

obstacles which are not based on the positive acts of the EC.

Keywords: Public Health; EC Member-States; Free Movement of Persons with HIV

1 Introduction

Movement of workers as a legitimate opportunity was provided by Art. 48 of the Treaty on European

Economic Community(1957), which among others, confirms the right of workers to accept the offer

for employment in another member state, and employed by the same criteria as domestic workers,

excluding the public sector employment. Whereas, Art. 49 of the same Treaty include the necessary

measures to ensure free movement of workers, then the close cooperation of employment services and

elimination of administrative barriers and practices. Relief of this nature also enabled the balance of

needs in the labor market.

A practical realization of the free movement of workers requires the simplification the administrative

procedures and elimination of the legal barriers on mobility (work permit, visas and residence

permits). In this respect, important contributions have given the provisions of secondary legislation of

EC as follows:

- Council Directive 68/360/EEC (OJ L 257) of 15 October 1968 on the abolition of

restrictions on movement and residence within the Community for workers of Member

States and their families;

1

Associate Professor of Public Administration, Faculty of Public Administration and Political Science, South East European

University, Address: street Ilindenska b.b. Tetovo 1200, Republic of Macedonia, e-mail:

a.azizi@seeu.edu.mk.

2

Associate Professor of Public Administration, Faculty of Public Administration and P olitical Science, South East European

University, Address: street Ilindenska b.b. Tetovo 1200, Republic of Macedonia, Corresponding author:

a.azizi@seeu.edu.mk.

3

Professor at

Technical College of Public Alimentation And Tourism “Dumitru Motoc”, Galati, Romania, e-mail:

octavia1310@yahoo.com.