Free movement of workers
Here, we want to abolish discrimination for workers.
You have the right to accept an offer in an other member state. And you have the right to stay in the member state for the purpose of the job, and after because you might have made your life here.
It doesn’t work with public workers (fonctionnaires).
These laws don’t only apply to the member states, but also to all private persons.
Regulation 1612/68
It says that the posssibility for workers to move into Europe will improve the interna market in Europe.
It applies to any workers (temporary, permanent...)
You’re paid equal the citizens of the MS.
People of other MS must have the same possibility of getting information about a job (ANPE).
No discrimination on recruitment, remuneration, retaining, training, social acquis.
The free movement also applies to the family members of the worker.
It also applies to your family if your family isn’t in Europe, but the procedure isn’t the same.
The notion of “worker”:
To be a worker you have to product services unbder the supervisation of a person, and you’re paid back.
If the service is considered as charity, you’re not a worker.
Free movement of citizens
Every european person has a right to move in EU for 3 months.
If a family member comes with you, he’ll have to have a visa.
If you stay longer (you’re a worker, student, family member...) you have to proove that you won’t be a charge for the MS and that you are auto suffisant.
If you stop being a family member, you’ll keep your right (ex: you get marry with someone and you divorce).
There are restrictions to this right:
Public health, public security...
If you have one of those problems, you can “expulser” une personne.
But you can’t to it for economic reasons.
But the MS has to proove that the person is a threat. And it has to make a procedure that let the person being able to