Pregledni rad
FREE MOVEMENT OF WORKERS – THE INFLUENCE OF THE COURT OF THE EUROPEAN UNION
Emina Hasanagić
; Pravni fakultet Univerziteta „Džemal Bijedić“ u Mostaru
Sažetak
Free movement of workers together with the freedom of establishment represents the freedom of movement of persons, as one of the four fundamental freedoms of the EU. Free movement of workers in the EU has been in the function of creation and strengthening of the internal market and realisation of the objectives of social policy since the beginning of the European integration processes. The paper analyzes the content of the free movement of workers within the EU, then the restrictions of the free movement of workers on grounds of public policy, public security or public health, as well as restrictions in terms of employment in the public administration. It focuses on the question of establishing a transition period with a restriction on the free movement of workers from new EU member states, as well as the position of workers coming in the EU from non member-states.
Although the Treaty on the Functioning of the European Union (TFEU) prohibits any discrimination in employment, payments, and other work conditions, it is evident from the practice of the Court that EU citizens are exposed to violations of their rights. The Treaty covers only direct (open) discrimination, while indirect discrimination is not regulated. In this regard, the functioning of the Court is important, because it has, by its decisions, defined direct and indirect discrimination, acting with the aim of extending the freedom and protection of rights of workers. This is particularly evident through decisions about the worker concept, which is not defined in the Treaty, thus the Court in its decisions emphasizes that the concept of worker should be interpreted broadly, justified by the need to protect rights of workers. The Court, in its decisions, extends the influence of provisions regulating the position of persons who are beneficiaries of different rights, while paying special attention to respecting the principles of non-discrimination concerning the migrant workers and members of their families. Therefore, the analysis in this paper includes the most significant judgments, the recent as well as older ones, that had a strong influence on the interpretation of free movement of workers and protection of workers from discrimination.
Ključne riječi
free movement of workers, restrictions on free movement of workers; the Court of Justice of the European Union; the European integration processes
Hrčak ID:
132104
URI
Datum izdavanja:
30.8.2014.
Posjeta: 3.656 *