Brexit, European Union Law and
Free movement of Persons
Workers
So
far, the posts related to Brexit 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).
Until now, the posts focused 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. The
following 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 highlight the key European Union treaty law articles related to “workers.”
Thereafter, next week the posts will refer to secondary legislation and some
relevant European Court of Justice judgments.
Art. 45 (1) TFEU: EU 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.
Next
week, the post will introduce relevant judgements by the European Court of
Justice.
Friday 1st March 2019
Jorge Emilio Núñez
Twitter: @London1701
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