Zagreb Law Review, Vol. 2 No. 2, 2013.
Review article
Acceptable Limitation of the Freedom of Movement of Workers as Interpreted by the Court of Justice of the European Union
Stjepan Novak
; Civil Servant in the Ministry of Internal Affairs of the Republic of Croatia
Abstract
When the evolution of the case law of the Court is observed in terms of the limitation of the freedom of movement of workers justified on grounds of public policy, public security and public health, and in terms of the public service exception, it is clear that the Court opted for what is known as an activist approach. The Court also, on the one hand, left the discretion of assessing this limitation to the Member States, but has also set some limits to prevent it becoming grounds for abuse, on the other. The Member States have not always welcomed such activity by the Court, and what has proven to be especially problematic is the issue of the public service exception. This paper demonstrates that in this area the Court intensified its pressure on the Member States to such an extent that it brought into question the sense of the existence of this exception referred to in Article 45, paragraph 4 of the Treaty on the Functioning of the European Union.
Keywords
restriction of the freedom of movement of workers; grounds of public policy and public security; grounds of public health; public service exception
Hrčak ID:
129506
URI
Publication date:
23.9.2013.
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