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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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8 The free movement of workers is a special, separate chapter from the free movement of people or from the rights deriving from the citizenship, and the provisions issued only for the workers refer to the Community employment secondary legislation. Further on, the social dimension came involving the social rights for the workers and the members of the workers’ families who acquired the right to family reunification, fallowing the worker in the Member State where they chose to work. The third is the political dimension achieved in the 1990’s, which envisaged the freedom of movement and residence for the non-economically active people, as students, retired persons and self-employed, under the condition of having enough financial means to support themselves. And the last is the constitutional dimension which treated the free movement of persons from the point of view of the EU citizenship, with the rights and obligations conferred to the EU citizens, although the Article 17 of the EC Treaty specifies only the rights, but nothing about the obligations. The EU citizenship does not substitute the national citizenship, it aims only at complementing it and it is acquired automatically through the mere fact of being a citizen of a EU Member State. 2 In the next part we will see the starting point in the free movement of workers and the evolution of this idea in the main EU primary legislation. The origins of the free movement of workers are to be found in The Treaty of Paris from 1951 establishing The European Coal and Steel Community which allowed the freedom of movement in the Community for the workers of these two industries 3 and not to the whole workforce: “Member States undertake to remove any restriction based on nationality upon the employment in the coal and steel industries of workers who are nationals of Member States and have recognized qualifications in a coalmining or steel making occupation, subject to the limitations imposed by the basic requirements of health and public policy” 4 . Further on, the idea oh the free movement of workers was developed in 1957 in the Treaty of Rome (EC Treaty) which represented the basis of the European Economic Community: “Freedom of movement for workers shall be secure within the Community. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.” 5 The next step towards the enhancement of the freedom of movement for workers was The Schengen Agreement from 1985 originally signed by Germany, France and the Benelux with the aim of gradually abolishing the controls at the common borders of the Community, 2 Art. 17 (ex Art. 8)(1) of EC Treaty. 3 Freedom, security and justice, http://europa.eu.int/comm/justice_home/fsj/citizenship/wai/fsj_citizenship_intro_en.htm, accessed December 28 2003. 4 Art. 69(3) Treaty of Paris establishing the European Coal and Steel Community. 5 Art. 39 (ex. Art. 48)(1)(2) of the EC Treaty.

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 8

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.