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The freedom of movement of workers in the context of an enlarged European Union labor market: Case study on Italy and Romania

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3 The present work has four chapters, which we chose to treat from a legislative perspective with some differences depending on the issues of each chapter, completed by a statistical one, in which we included quantitative and qualitative data, and by an analytic and descriptive one. The importance of the legislative perspective lies in the clear coherent presentation of the rights, conditions and limits for the EU workers and third country nationals under the Community legislation and in particular for the Romanian workers in Italy. The main sources we used are represented by the direct genuine European Union primary and secondary legislation, meaning the relevant articles from different Treaties and the directives and regulations that are part of the acquis communautaire. Besides the European Union laws, we also made use of cases from the European Court of Justice, of Romanian and Italian laws and of a census made on the Romanian transnational migration with relevance for Romanians who go to work in Italy. The whole legislation was available through the Internet sites, which represented the basic important tool for finding all the relevant material in the matter. The novelty of the paper lies in the very fact of the combination of Community, Romanian and Italian legislative acts used with the view to understanding under which provisions the Romanian workers can go to work in Italy and how Community legislation works in the area of the freedom of movement of workers for its nationals and for the new members. This latter is of a particularly important relevance, as Romania has to adopt the entire Community acquis of free movement of workers, right of residence and the pursuit of employment activities, the recognition of higher-degree diplomas and other professional qualifications, and the common immigration policies under the justice and home affairs cooperation with the view to its integration into the European Union. Thus, in short, the first chapter reveals the Community basic rights for the free movement of workers for the Community nationals and is presented as a combination of articles from the EC Treaty, with secondary legislation, meaning significant directives and regulations and European Court of Justice (ECJ) cases relevant for the matters covered. The Treaties as primary legislation are important as being the first basic “ideas” for the measures further undertaken for directives and regulations, which most of them being “inspired” from the treaties, and especially from the EC Treaty. The ECJ cases are important for showing the multitude and complexity of situations of different EU nationals and third country nationals married to them that the Member States could not foreseen when they made the Treaties and issued the secondary legislation. The cases of those persons revealed also the problems and the shortcomings encountered by the Member States in applying the EU legislation and the solutions found for them changed some original legislative aspects creating new ones used as further rights. The second chapter presents the Community legislative provisions for third country nationals legally or illegally going to work in one of the Member States.

Anteprima della Tesi di Daniela Petcu

Anteprima della tesi: The freedom of movement of workers in the context of an enlarged European Union labor market: Case study on Italy and Romania, Pagina 3

Tesi di Laurea

Autore: Daniela Petcu Contatta »

Composta da 127 pagine.

 

Questa tesi ha raggiunto 637 click dal 31/08/2004.

 

Consultata integralmente 2 volte.

Disponibile in PDF, la consultazione è esclusivamente in formato digitale.