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Home- European Commission
- Employment, Social Affairs and Equal Opportunities
- Free movement of workers
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Further Information
Free movement of workers
What does free movement of workers mean?
Free movement of workers entitles EU citizens to look for a job in another country, to work there without needing a work permit, to live there for that purpose, to stay there even after the employment has finished and to enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages that may help integrate in the host country.
The concept and implications of this freedom have been interpreted and developed by the case-law of the European Court of Justice, including the concept of worker itself. You can find detailed information on the case-law in the Communication from the Commission: "Free movement of workers – achieving the full benefits and potential" (COM(2002)694).
The right to free movement of workers is complemented by a system for the co-ordination of social security schemes and by a system to ensure the mutual recognition of diplomas.
Free movement as a worker has existed since the foundation of the European Community in 1957. Today it is part of the more general right to free movement of persons, one of the fundamental freedoms guaranteed by Community law which gives EU citizens, under certain conditions, the right to move to another EU country to retire, to study or to live without engaging in an economic activity.
It is perhaps the most important right under Community law for individuals, and an essential element of European citizenship.
Free movement of workers is enshrined in Article 39 of the EC Treaty and has been developed by secondary legislation, particularly Regulation 1612/68 on freedom of movement for workers within the Community and Directive 2004/38/EC on the right to reside.
Who is covered by Article 39 EC?
Article 39 EC applies to the so-called migrant workers, i.e. EU nationals who leave one EU country to go work in another EU country. It also applies to EU nationals who return to their country of origin after having exercised this right to free movement but it does not cover persons who have never left their country of origin.
A worker is a person who:
- undertakes genuine and effective work
- under the direction of someone else
- for which he is paid.
This includes professional sportsmen.
Self-employed persons, students, retired or non-active persons are not covered by Article 39 EC but by other provisions of Community law. You can find more information on the websites of the Commission's Directorate-General Internal Market and Services (self-employed) and Directorate-General Justice, Freedom and Security.
What about family members?
Certain rights are extended to family members of the worker. They have, in particular, the right to live with the worker in the host
Are there any limitations to the exercise of this right?
- limitations on public security, public policy and public health grounds
- some limitations as to employment in the public service of the host country.
What about enlargement?
The right to free movement of workers from, to and between the EU countries that joined the EU on 1 May 2004 (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia) and on 1 January 2007 (Bulgaria, Romania) may be restricted during a transitional period of maximum seven years after accession.