Free movement of Persons
Workers
So
far, the posts related to Northern Ireland in the context of this blog series
TERRITORIAL DISPUTES introduced basic elements in relation to the European
Union. We presented the relationship between national law and international
law, and in particular European Union law as a frame of reference for all
Member States (including the United Kingdom and, consequently, Northern
Ireland).
Last
week the posts centred on European Union law and the fundamental freedoms that
the United Kingdom (and therefore, Northern Ireland) will leave behind after
Brexit. After introducing very briefly the four fundamental freedoms the posts
focused on free movement of persons and European Union citizenship. This week
the posts will introduce free movement of persons, workers, and social
advantages (including the highly controversial and usually misunderstood issue
about benefits).
Key European Union Treaty Law Articles
Today,
we introduce the key European Union treaty law articles related to “workers.”
Thereafter this week the posts will present secondary legislation and some
relevant European Court of Justice judgments.
Art. 45 (1) TFEU: workers able to
enjoy right to free movement.
Art. 45 (2) TFEU: includes abolition
of discrimination based on nationality between workers of Member States in
relation to employment, remuneration and other conditions of work.
Art. 45 (3) TFEU: comprises right to
a) accept offers of employment; b) move freely within territory of a Member
State for purpose; stay in a Member State for purpose of employment; d) remain
in Member State after having been employed.
Art. 49 TFEU: “Restrictions on the freedom of establishment of nationals of a Member
State in the territory of another shall be prohibited.”
It involves:
(a) The ability
to take up & pursue activities as self-employed person under conditions laid down for own
nationals (exercised by natural persons).
(b) The
ability to set up & manage
companies/firms under conditions laid down for own nationals (exercised by
natural & legal persons).
(c) The ability to set up agencies, branches or
subsidiaries without restriction (exercised by legal persons).
Art. 56 TFEU: prohibition of
restrictions on freedom to provide services by individuals in Member States
other than that in which they are established.
Note
the distinction between freedom of
establishment (permanent base in host Member State) and freedom to provide services (economic
activity for temporary period). The right
of establishment under art. 49 TFEU
relates to setting up of permanent base
in host Member State. The right to provide services relates to carrying out of
economic activity for temporary period
where provider has no permanent base.
Tomorrow,
the post will introduce relevant judgements by the European Court of Justice.
Jorge
Emilio Núñez
09th July 2018
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