Free Movement Of People Within The European Union
1. FREEDOM OF MOVEMENT
Freedom of movement is a human rights concept initially set out in Article 13 of the Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948 in Paris.
Free movement of people within European countries, initially designed exclusively for workers, was established in Article 48 of Treaty of Rome in 1957. Legal grounds for mobility of people in the EU arise from Article 3, paragraph 2 of the Treaty of European Union as well as Article 21 and Titles IV and V of the Treaty on the Functioning of the European Union (TFEU). Moreover, legal basis for mobility of people within the EU was set in Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within …show more content…
FREE MOVEMENT OF PEOPLE
Free movement of people within the EU encompasses freedom of residence, work and movement of EU citizens within the EU territory.
Since the freedom of movement is inextricably linked to European citizenship granted by Article 20 of TFEU, it is a basic prerequisite for the realization of given right, while the principle of equal treatment for all EU citizens, in all Member States is the basic principle underlying the free movement of people. Equal treatment requirements are not limited to the government, but it also applies to majority of institutions in a host Member State, with restrictions on national security employment, citizenship rules, some student and some social assistance.
Directive 2004/38/EC distinguishes three categories of right of residence of people on the territory of host Member States. First, residence for a period not exceeding three months not subjected to any conditions or formalities other than holding a valid identity card or passport. Second, residence for period from 3 months to 5 years for which the registration procedure with the competent authorities in the place of residence may be required. Third, the right to permanent residence.
3.1. FREEDOM OF MOVEMENT OF …show more content…
Moreover, legal basis for mobility of people within the EU was set in previously mentioned Directive 2004/38/EC, Regulation (EU) no. 492/2011, Regulation (EC) no. 883/2004 and its implementing Regulation (EC) no. 987/2009. Finally, mobility of labor is reinforced by the case law of the Court of Justice of the European Union.
Workers and their family members are granted the right to move and reside freely, the right to work in host Member State and the right to equal treatment as the nationals of that State. Furthermore, any discriminaton against workers on the basis of their nationality related to employment, conditions of work, vocational education and re-training measures is prohibited. Essentially, they are allowed the same social and fiscal privileges, the same housing opportunities and the right to equal treatment in respect of exercising trade union
Freedom of movement is a human rights concept initially set out in Article 13 of the Universal Declaration of Human Rights adopted by the UN General Assembly on 10 December 1948 in Paris.
Free movement of people within European countries, initially designed exclusively for workers, was established in Article 48 of Treaty of Rome in 1957. Legal grounds for mobility of people in the EU arise from Article 3, paragraph 2 of the Treaty of European Union as well as Article 21 and Titles IV and V of the Treaty on the Functioning of the European Union (TFEU). Moreover, legal basis for mobility of people within the EU was set in Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within …show more content…
FREE MOVEMENT OF PEOPLE
Free movement of people within the EU encompasses freedom of residence, work and movement of EU citizens within the EU territory.
Since the freedom of movement is inextricably linked to European citizenship granted by Article 20 of TFEU, it is a basic prerequisite for the realization of given right, while the principle of equal treatment for all EU citizens, in all Member States is the basic principle underlying the free movement of people. Equal treatment requirements are not limited to the government, but it also applies to majority of institutions in a host Member State, with restrictions on national security employment, citizenship rules, some student and some social assistance.
Directive 2004/38/EC distinguishes three categories of right of residence of people on the territory of host Member States. First, residence for a period not exceeding three months not subjected to any conditions or formalities other than holding a valid identity card or passport. Second, residence for period from 3 months to 5 years for which the registration procedure with the competent authorities in the place of residence may be required. Third, the right to permanent residence.
3.1. FREEDOM OF MOVEMENT OF …show more content…
Moreover, legal basis for mobility of people within the EU was set in previously mentioned Directive 2004/38/EC, Regulation (EU) no. 492/2011, Regulation (EC) no. 883/2004 and its implementing Regulation (EC) no. 987/2009. Finally, mobility of labor is reinforced by the case law of the Court of Justice of the European Union.
Workers and their family members are granted the right to move and reside freely, the right to work in host Member State and the right to equal treatment as the nationals of that State. Furthermore, any discriminaton against workers on the basis of their nationality related to employment, conditions of work, vocational education and re-training measures is prohibited. Essentially, they are allowed the same social and fiscal privileges, the same housing opportunities and the right to equal treatment in respect of exercising trade union