Malta and the free movement of workers under the EU acquis

Abstract

A year has passed since Malta's accession to the European Union. In the year of accession, 2004, the European Union found itself faced with the problem of imminent enlargement. For this reason it amended and introduced a number of Directives and Regulations in relation to the Free Movement of Workers. This thesis delves into the question of whether Maltese law is in line with European law in the field of free movement of workers, specifically employed workers. The introductory chapter deals with the definition by the European Court of Justice of the term worker (no directive or regulation provides a definition) and an outline of the exceptions to the exercise of the right of mobility, from the European and Maltese perspective. An analysis of the rights granted to workers exercising free movement under European and Maltese law is tackled in the subsequent chapter. Reference is made to long-standing and newer laws and regulations of the European Union, as also to Maltese laws. Chapter three brings out the distinction between 'personal' and 'derivative' rights of the family members of a worker exercising mobility. Social security rights are outlined in chapter four. European law does not require harmonisation of these laws only co-ordination of the systems. In the following chapter a comparative study between workers and family members who are third country nationals is made in relation to a worker who is a Union citizen. The final chapter deals with the rights of the worker, as dealt with in the Constitutional Treaty. Suggestions are made with regards to amendments, which ought to be introduced in Maltese law.