Lecture 2 of the Course European Law (2016/2017), Utrecht University
Lecture 2: Free movement of workers & EU citizens
Dr. I. van der Helm (European Law)
This week
This lecture we start with the free movement of workers and EU citizens. Last week two other freedoms were addressed, the freedom of establishment (art. 49 TFEU) and the freedom to provide or receive services (art. 56/57 TFEU). All those rights form concerns by economic activities in another Member State.
If an EU citizen moves to another country, then there is freedom of workers. He will work for a company in another Member State. There’s also the general right of freedom of persons (art. 21 TFEU) to move and to stay in another Member State. This right is for each of us, also when there’s no economic activity. But for how long and under which circumstances?
The internal market is the key objective of the European Union (art. 3(3) TEU & art. 26 TFEU). The free movement of goods, persons, services and capital is ensured. Restrictions on the access of the internal market have to be removed. The free movement of persons is divides into:
1. Of workers holding nationality EU country (art. 45 TFEU) and;
2. Other EU-citizens (art. 21 TFEU). For example: students, tourists, retired.
Art. 45 TFEU is the provision to determine what it means to be a worker. In addition, there is a regulation 492/2011, which contains an elaboration of the main rules and it contains also other detailed rules.
According to the ECJ in the case Lawrie Blum, a definition is given of ‘who is a worker’. It is important not to look at definition of a worker in the national law. There might be a difference in all those Member States, so that could lead to limiting of the right of free movement. The EU rules are important, there are EU criteria and they should be interpreted broadly. The criteria are very important for the employment relationships.
Lawrie Blum case: ‘’During a certain time someone provides services for another under his authority and receives remuneration for this’’. The nature of the legal relationship is not relevant. There must be work against remuneration in subordination.
The case Bosman is about sports activities: an economic activity in EU law, and is a football player a worker? Read the case! Trainee teachers gave lessons for a few hours per week. According to the ECJ, also part-time.....read more
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