Freedom Of Movement The Eu Member States example essay topic

Before we talk about are workers unfairly treated under EU? We should have the definition of workers. And what kind of right do they have? What are factors affect them? Freedom of movement Freedom of movement of workers is one of the four basic freedoms of the European Union. Since 1st January 1994 these freedoms have applied not only in the EU itself but also throughout the European Economic Area and it is understood that, as from April 1999, freedom of movement has also been agreed by the EC with Switzerland, subject to ratification by EU member states.

EU citizens have the right to choose to work or live in another EU country. In order to have the right of residence, an EU citizen needs only to have enough money to live from. In order to support the freedom of movement the EU Member States recognize each other's diplomas for professional qualifications. The EU has ensured the freedom of movement for workers - either employees or the self-employed - since 1968. And since 1990 anybody who can prove to have sufficient money and health insurance can live in another EU country of his or her choice. The EU has also established a system for the mutual recognition of diplomas when such diplomas are necessary for the exercise of a given professional activity (doctor, nurse, architect, teacher and others).

This makes it easier for a European citizen to work in another EU country, since it is normally not necessary to pass national exams when coming to a new country. If the stay in another EU country is not longer than three months, (e.g. holidays, training courses, temporary jobs) all that is needed is a valid identity card or passport. If the period of stay is longer than three months, then it is necessary to apply for a residence permit. An EU national!'s residence permit is a special permit; different from any other permit issued to non-EU nationals. As a rule the national authorities may not refuse to issue it.

The article 39 aims to eliminate in the legislation on member states provisions as regards employment, remuneration and other conditions of work and employment including the rights and freedoms which that freedom of movement involves pursuant to paragraph 3, under which a worker who is a national of another member state is subject to more severe treatment or is placed in an unfavourable situation in law or in fact as compared with the situation of a national in the same circumstances. The provisions of the treaty relating to freedom of movement for persons are intended to facilitate the pursuit by community citizens of occupational activities of all kinds throughout the community, and preclude measures which might place community citizens at a disadvantage when they wish to pursue an economic activity. Workers EU citizens working in another EU Member State need only to present a valid identity card or passport together with a certificate of employment to the competent authorities to obtain the residence permit. In the case of self-employed people who set up business in another EU Member State the authorities of the host country may demand proof that they are self-employed. Unemployed people have the right to live in another EU country for a reasonable period of time in order to look for a job. The European Court of Justice decided in one case that a period of six months could be considered as reasonable.

No matter how long they have been looking for a job, they cannot be asked to leave the country if they can prove that they are still seriously looking for a job and have a real chance of finding one. The treaty introduced through Article 39 and the secondary legislation free movement of! (R) workers! which term has a community meaning. If the definition of this term were a matter within the competence of national law it would therefore be possible for each member state to modify the meaning of the concept of! (R) work! and to eliminate at will the protection afforded by the treaty to certain categories of persons. On the contrary, the fact that Article 39 (2) mentions certain elements of the concept of!

(R) workers! , such as employment and remuneration, shows that the treaty attributes a community meaning to that concept. In Levin V Staatssecretaris Van Justitia. The concept of! (R) workers! and activity! (R) as an employed person! define the field of application of one of the fundamental freedoms guaranteed by the treaty, and as such, must be interpreted widely in light of the principles of the legal order of the community. The concept of!

(R) workers! must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he or she receives remuneration, the person must be a national of one of the member state concerned. In the case of Lawrie-Blum V Land Baden Wurttemberg (case 66/85). Also there is the genuine and effective character of work. The article 39 only covers the pursuit of effective and genuine activities, there is such a small scale as to be regarded as purely marginal and ancillary. Also covered are persons who pursue an activity on a part-time basis only, the fact that the employment normally does not exceed 18 hours a week or 12 hours a week does not prevent the person in such employment from being regarded as a worker (Cj Kempf [1986]) General right of residence anyone who wishes to live in another EU country can do so.

They only need a valid identity card or passport and they must have sufficient financial resources and health insurance for themselves and the family members that are with them, in order not to be a financial burden on the host country. Pensioners can prove that they have sufficient income by presenting their notification of pension entitlement. Students must be registered with an approved educational establishment and declare that they have sufficient resources Family members can come too Family members, regardless of their nationality, can also accompany the EU citizen who has decided to live or work in another EU country. The family members who enjoy this right are the spouse, children under 21 (or dependent), as well as the parents and the spouse's parents, if they are also dependent.

In the case of students, the right of residence is limited to the spouse and dependent children. If members of the family are not EU nationals, the host country may, depending on the nationality of the individuals concerned, require an entry visa. This visa should be granted free of charge and without undue formalities by the relevant consular authorities. Sometimes, to obtain a residence permit for members of the family, a proof of kinship can be required.

Factors effect movement Will the wage differential be a strong factor for movement? Some econometric calculations, focusing on this variable only, have tended to overvalue the wage differential argument for migration. As has been stated, as long as people expect their country to develop towards a better future (including positive expectations about EU membership), and as long as they have a! ^0 socially acceptable! +/- income, relative to the national average "C and in view of the fact that many workers in the applicant countries have several undeclared jobs in the expanded shadow economy in addition to the declared one "C the wage differential would not seem to be a compelling motive to move for a longer period of time. However, it can be expected that people will for some time continue to have an incentive to move for shorter periods or shuttle over the border to the neighbouring country as long as wage differentials remain high. Worldwide!

^0! -the steepest cross-border differential is probably between Germany and Poland. Germany!'s per capita GDP is much the same as that of the United States, but Poland is so much poorer than Mexico that the income ratio across the border is 11: 1! - Hourly wages for Polish construction workers in Germany in 1996 were around DM 7 compared with DM 2 they might earn in Poland.! +/- (Stalker, pp. 21-22) After the introduction of the minimum wage in the German construction sector this differential has become more pronounced "C albeit applying, of course, only in regulated cases. On the other hand, a look at wage levels, which are still low and again show wide disparities from one country to another, also suggests that there will be attraction for further FDI in the future in the still huge segment of labour-intensive production and services. Also religion, the working position and the education background will affect the workers movement.

One example is that the person from the other country is difficult to find the job position like police officers, working in government or in the defence department. Conclusion General speaking workers are fairly treated under EU legislations. Only under some factors and conditions they are unfairly treated.