Free Movement of Persons – Analysis of Free Movement in the Field of Professional Sport

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  • Topic: European Union, European Parliament, Treaty of Lisbon
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Free movement of persons –
Analysis of free movement in the field of professional sport by Malgorzata Pryc
(International Marketing MA Programme)

1. INTRODUCTION

Free movement of persons: workers and establishment – brief history of the Article 45 TFEU.

Freedom of movement and the right of residence in all Member States is one of the fundamental rights of European citizenship. It was established as the one of the “four rights” envisaged in 1957 on the base of Treaty of Rome, known also as Treaty establishing The European Economic Community. What is the crucial point of the TEEC is its proposition of progressive reduction of customs duties and the establishment of a customs union. It proposed to create a common market of goods, workers, services and capital within the EEC's member states. It also proposed the creation of common transport and agriculture policies and a European social fund. Furthermore it played a crucial role in construction and development of internal market between the countries that signed up the Treaty.

To achieve the objective of an increase standard of living and economic expansion, and to be able to achieve one market where goods could move freely, it was necessary to have the fullest possible mobility of the economically active part of the population in order to achieve a single labour market.[1]

Following objectives are included in the original Treaty resolutions and clarified in the articles focused on concerns such as free movement of workers (nowadays these are Articles 45-48 TFEU), self-employed persons (49-55 TFEU) and the the provision of services (56-62 TFEU).

The provisions of Article 45 TFEU are further developed in Council Regulation 1612/68 of 15 October 1968 on freedom of movement for workers within the Community and Council Directive 68/360/EEC of 15 October 1969 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families. Further provisions include Regulation (EEC) No. 1251/70 of the Commission of 29 June 1970 on a worker’s right to remain in the territory of a Member State, after having been employed in that State[2].

During these years the Union has changed it directions and it developed into more than just economic unit. With the following expansions of needs and objectives, the Treaty had to be revised and implement new regulations concerning issues like integration of European citizens. The debate have succeeded in the Mastricht Treaty (1993) that covered the variety of doubts and misunderstanding in three directives regulating[3]

the right of residence for retired people, for students and for those who have sufficient resources for themselves and for the family members[4]

With this Treaty the complete idea of European citizenship is thought to be fully implemented. Just few years ago, the new Council Directive 2004/38/EC came into force (replacement for he directive 1968/360/EE) regulated and most of all extended the rights concerning the free movement of family members (unmarried couples as well) that from 2006 can freely reside within the European Union member states. However, it does not cover all of the groups and still some citizens stay beyond the legislation.[5]

Furthermore, to help facilitate the free movement of workers and services, the EU passed legislation to facilitate the recognition of professional qualifications in 2005. Council Directive 2005/36/EC on the recognition of professional qualifications, which Member States had to transpose into national law by 20 October 2007, was designed to streamline 15 directives relating to recognition rules. The consolidated directive states that EU citizens

have the right to pursue a profession, in a self-employed or employed capacity, in a Member State other than the one in which they have obtained their professional qualifications.[6]

Article 45 TFEU – who is worker?

For the purpose of my thesis, I...
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