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European court of justice on the free movement of workers - Essay Example

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The essay pays special attention to European court of justice on the free movement of workers. The European Court of Justice has defined 'work' for the purpose of the right to freedom of movement to include seasonal jobs, part-time and full time jobs as well as the right to access university education…
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European court of justice on the free movement of workers
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Download file to see previous pages According to the research findings the 1957 Treaty of Rome established cooperation amongst some six European nations which led to the formation of the European Economic Community, a supranational body meant to enhanced the creation of a common market and promote the rights of citizens of member states. Member states agreed to cede some elements of their sovereignty to the European Commission and in return, acquired some rights and freedoms for their citizens through a common market with several flexibilities in international matters. Amongst the freedoms that the EC Treaty guarantees is the free movement of persons, services and capital under Article 39 of the EC Treaty. Since the European Community was neither a federation nor a nation, the application of the EC Treaty had some challenges which have been modified through a number of treaties that made it more appropriate and practicable in application. This include the Treaty on the Functioning of the European Union. There are some cases that the law of member states interacts in a complex manner with EU Laws. The evolution of the Freedom of Movement in the European Community is steeped in Article 39 of the TFEU which prevents all forms of discrimination against citizens of member states who move to other EU nations The legal preamble is provided by Regulation 1612/68 of the Council which forbids specifies the types of discrimination that must be avoided Other supporting regulations like the Directive 68/360 supports the easy entry of EU nationals into other nations in the Union. European Court of Justice cases have helped to outline major terms in the Laws relating to free movement like 'worker' and 'equal treatment'. This have laid precedence on the core definitions and application of the laws on the Free Movement of Persons in the European Union. Introduction The Free Movement of Persons in member states of the European Community is one of the 'four freedoms' envisaged in the original 1957 Rome Treaty9. The free movement of persons is one of the most fundamental components that are central to the success of the creation and sustenance of a common market10. The laws on the freedom of movement in the European Community allows the settlement and integration of citizens of member states into other member states11. This include the right not to be discriminated against on the grounds of nationality12, the right to seek work and remain a worker in another Member State13, the right to receive and provide services14. These come together to create a framework for the operation of the laws on the freedom of movement of persons across the European Union. Currently, these EU legal standards provide the broad framework that determines the scope and application of the laws on the mobility of labour between member states15. The European Court of Justice has interpreted the standards and frameworks on the EU rules on freedom of movement16. These have created precedents that have restricted the scope of the free movement of persons17. Thus some elements of Article 45 of the TFEU have been tested and ambiguities clarified18. The European Union freedom of rights of movement is guaranteed by Article 45 of TFEU19. It is a convergence point that integrates other legal instruments in the European Union which prevents all forms of discrimination in relation to employment of EU nationals in member nations in relation to remuneration and other conditions of work are abolished20. These laws guarantee EU national’s rights to settle, work and integrate into other member states21. The main limitation of the application of this law is that the freedom of movement and the right to employment does not apply to the public service of any member state22. This is one of the indicators that the law supports a degree of subsidiarity and allows member states to retain some level of autonomy. On the ...Download file to see next pages Read More
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