The European Union And The Treaty Of Rome

Better Essays
The European Union was established to support economic collaboration between countries by the signing of the Treaty of Rome . This Treaty proposed the idea of the four basic rights – the free movement of goods, services , workers and capital. As provided, the free movement of workers is a basic right within the European Union, and it has subsequently developed into the free movement of persons. The concept of discrimination has arisen due to numerous cases, and the Maastricht Treaty has addressed this concept. Furthermore, the Lisbon Treaty has consolidated the aforementioned issues and contains a set of rules on the issue of workers within the EU.
By examining the treaties, regulations, directives and case law, I will take an in depth
…show more content…
The case of Trojani –v- Centre public d’aide sociale is a crucial component in the discussion of workers within the EU. This case provides an extension on the previously provided definition of a worker. The case stated that it had to be considered whether the services Mr. Trojani provided for his remuneration and benefits in kind were part of an employment relationship and whether the given services were genuine and real . In this case, it is also considered that a non-national of a host state could use social benefits within that state, relying upon Article 18 . When considering the TFEU, Article 45 (1) establishes the basic freedom of workers within the European Union and their right to free movement and the restriction of discrimination. This article is reinforced by Article 19 of the TFEU, promoting the combat of discrimination and prejudice. Article 45 (2) establishes the abolition of any discrimination in relation to nationality, with regards to access to employment, receiving wages and other conditions of work. This article provision ensures that all EU citizens have equal access to employment and subsequent social rights .
The case of Groener concerns the issue of indirect discrimination regarding language requirements for a certain job. The case involves an Irish language requirement imposed on teachers
Get Access