Limitations to the freedom of movement for workers within the European community

Abstract

The freedom of movement for workers is one of the fundamental freedoms provided for under Community Law for the purposes of attaining a common internal market and an ever closer union among the peoples of Europe towards which the Member States have solemnly declared to be committed. The freedom of movement for workers at Community level necessarily involves the national laws and policies of each respective Member State at national level so that an active interaction between Community Law and national law is inevitable. Community Law itself reserves for Member States the competence to limit or otherwise derogate from the freedom of movement for workers on specific grounds. These grounds as well as the nature and extent of this competence form the main theme discussed in this dissertation. In the first chapter, the freedom of movement for workers is put in context and the relevant Community Law provisions are referred to and highlighted. A comment on the general approach of the Court in interpreting these provisions is also included. The second chapter aims to introduce the interaction between Community and Member State competences by referring to the general principles and :framework established at the Treaty level. The third chapter refers to the specific free movement iights and considers some rulings in the context of the limitations of public policy, public security and public health generally. In the fourth chapter, Member State discretion in the context of the public policy limitation is considered. An interesting development in the Court's rulings in this area is observed and discussed. The provisions of Directive 64/221 limiting substantively the extent of the limitations of public policy, public security and public health as applied by the Member States are considered in the fifth chapter. In the sixth chapter, some specific considerations relating to public security and public health are made. In the seventh chapter, the procedural safeguards emanating from Council Directive 64/221 are discussed. In this context various rulings of the Court of Justice defining the extent of the procedural rights of persons who are subject to administrative measuresdenying them the exercise of their free movement rights form the subject of the main discussion. In the eighth chapter, the public service limitation is considered. The various rulings of the Court of Justice in this area are discussed. The rulings are particularly discussed from the point of view of the extent of Member State discretion in applying this exception and the criteria established by the Court determining the extent of applicability of this exception. In the last chapter, the pertinent rulings considered throughout the dissertation are succinctly gathered and some :further final comments bring the dissertation to its end.