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The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU (ex 39 and 48) states that:
The right to free movement has both 'horizontal' and 'vertical' direct effect,[2][3] such that a private citizen can invoke the right, without more, in an ordinary court, against other persons, both governmental and non-governmental.
The Treaty of Paris (1951)[4] establishing the European Coal and Steel Community established a right to free movement for workers in these industries and the Treaty of Rome (1957)[5] provided a right for the free movement of workers within the European Economic Community. The Directive 2004/38/EC on the right to move and reside freely assembles the different aspects of the right of movement in one document, replacing inter alia the directive 1968/360/EEC. It also clarifies procedural issues, and it strengthens the rights of family members of European citizens using the freedom of movement.
The meaning of 'worker' is a matter of European Union law.[6] "The essential feature of an employment relationship, however, 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 receives remuneration."[7]
The right to free movement applies where the legal relationship of employment is entered into in or shall take effect within the territory of the European Community.[13][14] The precise legal scope of the right to free movement for workers has been shaped by the European Court of Justice and by directives and regulations. Underlying these developments is a tension "between the image of the Community worker as a mobile unit of production, contributing to the creation of a single market and to the economic prosperity of Europe" and the "image of the worker as a human being, exercising a personal right to live in another state and to take up employment there without discrimination, to improve the standard of living of his or her family".[15]
In both the Treaty of Accession 2003 and the Treaty of Accession 2005, there is a clause about a transition period before workers from the new member states can be employed on an equal, non-discriminatory terms in the old member states. The old member states have the right to impose such transitional period for 2 years, then to decide if to extend it for additional 3 years, and then, if there is serious proof that labour from new member states would be disruptive to the market in the old member states then the period can be extended for the last time for 2 more years.[21]
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