FREEDOM OF MOVEMENT OF WORKERS

Abstract

Freedom of movement for workers is one of the four freedoms that are guaranteed by primary and secondary legislation of the European Union. The main purpose of establishing the common market is economical development through improving living standards in EU territory. To ensure the freedom of movement for workers, it is essential that member states are guided by the principle of equal treatment, the supply-demand balance mechanism and the approach to employment, with the application of legislation and case law. Extensive case law indicates that there are problems in interpreting provisions and terms, but they are sought to be resolved through binding judgments of the Court. That is how the Court has gradually defined who comes under the term of a worker for the purpose of extended and better protection. Freedom of movement for workers is not absolute, it is relative, meaning that it can be subject to restrictions that need to be justified by reasons of public order, public security, or public health. Member states have been differently interpreting when something presented a threat, and through its different case-law the Court has gradually expanded the reach of freedom of movement and defined its limitation more precisely, in order to prevent the abuse of restriction by the Member States. Besides that, the Directive 2004/38/EC grants workers and members of their families a residence and prescribes three types of residence: residence for up to three months, the residence of three months to five years, and permanent residence. In order to save the unity of a family, the Directive greatly contributes to the position of a worker and their family, taking into account the circumstances of dependence, such as financial or physical dependence. It can be concluded that the movement of workers has its legal, financial, and sociological aspects and that their combination justifies the establishment of a single market.