In principle, every national of the European Union has the right to live and work in another member state, without being discriminated against on the basis of nationality. This fundamental principle is enshrined in Article 45 of the Treaty on the Functioning of the European Union and developed by EU secondary legislation and the Case law of the Court of Justice of the EU.

This right protects EU citizens from discrimination in access to employment, remuneration and other conditions of work when compared to their colleagues who are nationals of the member state where they live in.

This principle has been in place since the establishment of the European Economic Community in 1957 and gives EU citizens the right to:

Look for a job in another member state

Work in another member state without needing a permit

Live in another member state for the purpose of employment

Stay in that member state even when employment has finished

Equal treatment with nationals with regard to access to employment, conditions of work and other advantages which facilitate the integration of workers in that member state

Along the years, various EU directives and regulations which apply the provisions of Article 45 of the TFEU have been adopted, while various Case law presented at the Court of Justice of the EU have developed the concept and the implications of the right for the free movement of workers.

When applying EU Directives, the term “worker” (unless otherwise indicated) covers persons who are engaged in an economic activity, among which self-employed, persons with a definite contract, workers recruited from an employment agency, persons sent by companies to work in another member state and persons who work in another member state but go back to their member state at least once a week.

Benefits

Besides equality at the work place, a worker who moves to another member state is entitled to the same social and tax advantages. The person and the dependent family members are covered by the social security system of the host country. The conditions and amounts vary from one country to another. Certain countries provide a regular payment, while others consider family circumstances to add to tax benefits. To avoid problems, anyone interested in living in another member state for work purposes is encouraged to check about the benefits in the particular member state before any decision is taken.

Article 45(3) of the TFEU applies also to persons who reside in another member state for the purpose of seeking employment. During this period, EU citizens have the right to receive the same assistance from the public employment service as nationals of that member state. The EU also has Contact Points and information centres in every member state to offer assistance regarding employment in other member states. In European Job Mobility Centres (EURES), consultants offer information, advice and assistance with regards to job searching. In Malta, these services are offered by the Employment and Training Corporation (ETC).  The EURES website is http://ec.europa.eu/eures/ while that of ETC is http://www.etc.gov.mt.

Mutual recognition of qualifications

When an EU citizen wishes to work in another member state, he or she is requested to provide an official recognition of his or her qualifications, training and professional experience. Directive 2005/36/EC on the recognition of professional qualifications establishes a general system for the recognition of professional qualifications with a view to exercising a regulated profession in another member state. The recognition should be guaranteed even to migrants whose profession is not regulated in the original country but who have been working full-time in that profession for two years. Certain professions require precise knowledge of national legislation and therefore the country can impose an adaptation period or an aptitude test.

If a person practises a trade or is self-employed, his/her professional experience can qualify for automatic recognition in another member state. The conditions for this to happen are established also in Directive 2005/36/EC but if the professional experience does not meet the conditions requested, the person can ask for mutual recognition of the qualifications on the basis of the general system.

Temporary employment, limited hours and low productivity does not prohibit EU citizens from being considered as migrant workers in the EU. However, the temporary and occasional nature of the activities of a self-employed or employed person should be considered case by case, on the basis of the length, frequency, regularity and continuity of the activity. Besides that, if the profession has implications on public health or security, the host country can verify the professional qualifications before the start of services, on the basis of the principle of proportionality.

There can be legal, administrative and practical obstacles which can hinder such right.  Housing issues, language, qualifications and employment for the partner can also influence mobility between one country to the other. Therefore, it is advisable that before a person decides to go to another member state for the purpose of employment, he or she should contact the public employment service in that country.  During the European Year of Citizens 2013, the EU is not only promoting information about citizens’ rights but it is also addressing such obstacles which can hinder the full implementation of these rights.

More information about the free movement of workers can be obtained from Your Europe website http://europa.eu/youreurope/.

Josette Zerafa is an executive on EU Policy & Legislation within Meusac