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
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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
Third, there is the free movement of people. Since the Schengen Agreement (1990), which was followed by the Schengen Convention, came into force in 1995, controls on people at the internal borders of the Schengen Zone were abolished in order to harmonise controls at the external frontiers and to introduce a common policy on visas and other accompanying measures like police and judicial cooperation. Additionally, the right for European citizens to move freely within the Schengen Area is determined in the Charter of Fundamental Rights. Originally, a right of free movement across the EU was only envisaged for the working population, as a single market could not be achieved while limitations to workforce mobility remained in existence. In Articles 39 to 42 of the EC Treaty, the right for EU workers to move freely is fixed again explicitly. This “special” kind of freedom should also include that any discrimination based on nationalities between workers of the Member States, regarding employment, remuneration and other conditions of work and employment, is abolished. To sum it up, people have the right to live and settle freely and companies are authorized to recruit people they need anywhere in the
The European Union (EU) is a unique economic and political partnership between 28 different countries. It consists of about half a billion citizens, and its combined economy represents about 20 percent of the world’s total economy (Briney, 2015). Today The European Union works as a single market, with free movement of people, goods and services from one country to another. There is a standard system of laws to be followed, and since 1999 many countries share a single currency called the Euro (Europa.eu, 2015). This essay will explore the background history of the European Union and the benefits and drawbacks of the European Union.
‘Article 14 Discrimination’ (bbc.co.uk). This tells us that no one has a right to discriminate against anyone for any reason including race, colour, religion, sex and many other reasons. ‘Protocol 1 article 1’ (bbc.co.uk). This is a right to your possessions everyone is entitled to their possessions. ‘Protocol 1 Article 2’ (bbc.co.uk) this is a right to an education, no one should be deprived of their education. ‘Protocol 1 Article 3’ (bbc.co.uk). This is the right to vote, everyone has the right to vote with the freedom of their expression.
The development of a human rights policy in the EU has been a long and often undocumented journey. The sectoral approach of the Paris Treaty establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union. Documented EU human rights policy before 2000 can be seen primarily in two ways:
In considering the international realm, let’s consider the concept of economic treaties. Specifically, let's think about an organization like the European Union (EU). Why was it formed? In addition, what are some of the objectives of the nations that are joining the EU?
(4) Are Article 119 and the equal pay directive of direct effect in the circumstances of this case?
This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board; however, due to the undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that there is a ‘high degree of legal uncertainty’ as established in this area of law; that the law does not adequately deal with non-standard forms of ‘workers’; present proposals for reform by the UK Parliament on the interpretation and application of law at common; and finally provide a conclusion for the arguments put forth.
Later, as the European Economic Community changed into the European Community and more recently into the European Union (EU), it has become more and more common for all member states to legislate in order to give effect to employment laws which
The free movement of workers has been described as “one of the cornerstones of the internal market” and the precise conditions can be identified in Article 45 of the TFEU. The Treaty states that the “freedom of movement of workers shall be secured within the Union” and that the free movement of workers shall abolish “any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.” It also states further rights such as accepting offers of
The roots of the European Union can be traced back to the early 1950’s when a small number of countries made a decision to join together as a way to resolve any potential conflict nurture economic growth and common values across the continent. There was a desire to promote common values and membership was opened to all European countries. Since the inception the number of members has grown from a founding six countries to what we now know as the modern day EU with a current total of 28 countries with a further 8 countries under application review. In 1992, what was then a group of twelve countries, joined together to form the Customs Community Code which was eventually introduced in January 1993. The code effectively merged the individual customs regulations in to a single customs union.
It is important to set the European Union Charter of Fundamental Rights in context by examining the development of rights within the European Union. The embryo organisation that commenced the EU (The Coal and Steel Community 1951) was introduced in the wake of World War II to rebuild Europe by economically tying previously warring nations together. The consensus amongst the "heavy weights" of the EU was, if member states were economically invested in each other to ensure financial stability within their own state, future conflicts would be avoided. The EU had taken the role of a purely economic organisation which explains why it was not focused on social issues such as human rights, leaving such matters to individual member states to determine. Then came the political advancement of the 1990s, as evidenced by Weiler; ‘[The Maastricht Treaty] appropriates the deepest symbols of statehood: European citizenship, defence and foreign policy’. Naturally, the issue of human rights became prominent within the EU, and after much debate and a Convention the Charter was passed and given legally binding status under the Lisbon Treaty of 2009. The Charter has proved to be a controversial issue within European politics, with doubts being voiced about the functionality of the European Union’s own “Bill of Rights”. To effectively assess the question at hand, this essay will evaluate the extent to which the Charter is a necessary and desirable development, before reaching an overall
In the aftermath of the 1957 Treaty , the European Economic Community (EEC) was established and customs barriers between the member states have been abolished. Member States throughout the Community, can “promote a harmonious development of economic activities, a continuous and balanced expansion, an increased stability, an accelerated raising of the standard of living and closer relations between them”. Therefore, in order for a common market to be established between Member States, the Community enacted some legislative provisions which aimed to a true harmonization of laws; incorporate different legal systems under a basic legal framework. The main issue arising is whether these legal provisions in accordance with the case law, ensured the free movement of goods within this market.
One of the main objectives of the European Union (EU) is the establishment of the internal market, which shall consist of “area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. The internal market is based upon a customs union achieved through the abolition of the imposition of customs duties and charges having an equivalent effect and the prohibition of discriminatory taxes on intra-EU imports. The internal market is enhanced by the provisions on free movement of workers, freedom of establishment, free movement of services, and free movement of capital. Whereas Articles 28 to 30 of the Treaty on the Functioning of the European Union (TFEU) provide for the establishment of an EU common external tariff and the elimination of customs duties, Articles 34 and 35 of the TFEU (with exceptions under Article 36) go further, and prohibit quantitative restrictions and measures having equivalent effect. Taken together, Articles 28 to 32 and 34 to 36 serve to ensure the free movement of goods within the EU and to facilitate the operation of the internal market.
EU does is about bringing people in Europe closer together. It tries to make it easier for Europeans to buy and sell things to each other. This is done by changing the rules that control trade. The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Moreover, the societies of the Member States are characterised by pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men. These values play an important role, especially in two specific cases.
With the effect of the Single European Act on 1st July 1987, the emergence of European Union (EU) as a common market has essentially been created. The benefits of this act are substantial to European firms, economies, and workers. It eliminates conflicting national regulations and trade barriers, as well as offering firms opportunity to sell their goods to all other EU members (Griffin & Pustay 2005).