Labor mobility ? european union and national rules

• Author: Mihaela Catana
• Pages: 209-219

LABOR MOBILITY – EUROPEAN UNION AND NATIONAL RULES

PhD student Mihaela CATAN

1

Abstract:

One of the four fundamental freedoms guar anteed by the Trea ty establishing the E uropean Community is

the free movement of persons, whose Foundation lies in the Elimination of discrimination between citizens of the

Member State in whose ter ritory they reside and operate and citizens of other countries who are working in the

territor y of the same State. Mobility of labor in terms of the concept of free movement of workers, the term worker

referring both to persons carrying on an activity in the wage and the notion of the worker, a s these concepts have

been determined by the Court of Justice or by the Council (thr ough the provisions of Regulation 1612/68), became

his new in the context of Romania's integration in the European Union. Although the movement of workers is free,

legal regime of these is different from one Member State to another, which lea ds to inequities that the Community

rules have failed to cover.

Keywords: European Union, free movement of labor, equa lity of treatment, non-discrimination, worker.

JEL Classification: K31

The priority objective which it pursues construction of the European Union is economic

and social progress of Member States, through the creation of the common market as a space

without borders, to be guaranteed the free movement of goods, persons, services and capital

2

.

Constituent Treaty of the European Community – the EEC in 1957 as amended by provisions of

the Treaty on European Union (1992) published in the Official Journal C 191 of 29 July 1992

guarantees the title III of Chapter 1 of articles 48-55: the free movement of workers, freedom of

establishment employees of people for the free provision of non-salaried activities, the free

provision of services by employers and freelancers.

On 1 January 2007 Romania acceded to the European Union, accession followed by a

complex process of integration, with important implications for the economic, political and

social. In the process of integration, had continued measures designed to lead to t he fulfillment of

the obligations assumed by Romania since the signing of the association agreement with the

European Union on 1 February 1993 and entered into force in 1995. These measures aimed at

among others and transposition of Community rules into national law through the harmonization

of the Romanian legislation with the provisions of the European Union, "Romanian citizens

interests compatible with those of the citizens of the Member States in all aspects of their life"

3

.

In this sense, Romania has adopted a series of normative acts in order to harmonize national

legislation with the Community a cquis. In the field of labor law, the most important normative

act adopted in the effort of harmonization of national law with Community law 53/2003 – labor

code, to which have been envisaged Directives EEC, rules and recommendations of the

International Labor Organization and the Council of Europe and which has undergone many

changes and updates, as European developments, the most important change being carried out by

the law 40/2011 which was republished. From the date of accession, in accordance with art. 52 of

the Protocol to the Treaty of accession, all directives, regulations, decisions and laws – European

framework are intended and in so far as they are addressed to all Member States.

Organizational and legislative measures must also ranks the principle of equal treatment

enshrined in article 12 of the EEC Treaty, according to which "it is prohibited any discrimination

on grounds of nationality/nationality", such as the free movement of workers – as one of the

1

Mihaela Catan, ”Titu Maiorescu” University – Bucharest, Faculty of Law, mihaelacatana@yahoo.com

2

The Treaty of the European economic community, http://eur-lex.europa.eu/ro/treaties/index.htm#founding

3

Nicolae Voiculescu, Labour Legislation, the Perfect Publishing, 2011