Free Movement.

NON-DISCRIMINATION OF WORKERS.

ABOUT LAW.

Freedom of movement and residence for persons in the EU is the key of Union citizenship, established by the Treaty of Maastricht in 1992.

 

CONCEPT.


The concept of the free movement of persons has changed gradually in time:

 

1. 1957: The first provisions on the subject, in the 1957 Treaty establishing the European Economic Community, covered the free movement of workers and freedom of establishment, and thus individuals as employees or service providers.

 

2. The Treaty of Maastricht introduced the notion of EU citizenship to be enjoyed automatically by every national of a Member State. It is this EU citizenship that underpins the right of persons to move and reside freely within the territory of the Member States.


3. The Lisbon Treaty (2007) confirmed this right, which is also included in the general provisions on the Area of Freedom, Security and Justice.

THE SCHENGEN AREA


The key milestone in establishing an internal market with free movement of persons was the conclusion of the two Schengen agreements, first signed by 5 States (Belgium, France, Germany, Luxemburg and the Netherlands) based on intergovernmental cooperation in the field of justice and home affairs.


In 1985 and the Convention implementing the Schengen Agreement signed in 1990 and entered into force in 1995.
Today, under the Lisbon Treaty, it is subject to parliamentary and judicial scrutiny. As most Schengen rules are now part of the EU
Participating countries
There are currently 26 Schengen members: 22 EU Member States plus Norway, Iceland, Switzerland and Liechtenstein.

SCOPE


A. the abolition of internal border controls for all persons.


B.  All EU citizens need only show an identity card or passport to enter the Schengen area.


C. Common visa policy for short stays.


D. Police and judicial cooperation


E. The establishment and development of the Schengen Information System (SIS)

 

Directive 2004/38/EC


The Directive is designed to encourage Union citizens to exercise their right to move and reside freely within the Member States, to cut back administrative formalities to the essentials, to provide a better definition of the status of family members, and to limit the scope for refusing entry or terminating the right of residence.