Availibility Of The Eu Labour Market To Workers from central And Eastern European Member States Cover Image

Dostupnost tržišta rada Evropske Unije radnicima iz centralno-istočno evropskih država članica
Availibility Of The Eu Labour Market To Workers from central And Eastern European Member States

Author(s): Nebojša Raičević
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: Free Movement of Workers; Accession Treaty; Transitional Arrangements; EU Enlargement; Central and Eastern European Member States

Summary/Abstract: Free movement of workers is one of the fundamental freedoms guaranteed by Community law and it includes the right to live and work in another Member State. It precludes Member States from discriminating against EU workers on the basis of na- tionality in employment related matters. The Accession Treaties of 2003 and 2005 by the transitional arrangements allow "old" Member States to temporarily restrict the free access of workers from the new Member States to their labour markets. The tran- sitional arrangements in both enlargements are identical as regards matter and form. The overall transitional period of a maximum of seven years is divided into three dis- tinct phases – "2+3+2 formula". For the first two years following the accession, old Membe States had discre- tion to decide whether and in which way derogate from the Community rules regard- ing free movement of workers. Using this authorisation, member states acted in dif- ferent ways. Some states fully opened their labour markets while some other states re- stricted employment by requiring work permits. At the end of the first two years phase present Member States had to submit a notification to the EU Commission whether they intend to continue with restrictive measures for a maximum of three more years or whether they will allow free access to their labour markets. Once again, the old member states acted differently. In principle, five years after the accession, the transi- tional arrangements should end, but, there is a possibility for a present Member State to ask the Commission for authorisation to continue to apply restrictive measures for a further two years but only if it experiences serious disturbances on its labour market. New Member State may apply reciprocal measures, restricting access to its labour market for workers from those Member States that restrict free movement to its work- ers. The transitional arrangements can not extend beyond an absolute maximum of seven years after the accession.

  • Issue Year: 2009
  • Issue No: 02
  • Page Range: 511-528
  • Page Count: 18
  • Language: Serbian