4. The free movement of workers

The three freedoms: free movement of workers, the right of establishment and the right to provide services do not confer unlimited rights (no right is unlimited). Workers’ rights and the right of establishment and the freedom to provide services in other Member States exist mainly in the right for the interested person or undertaking to be treated in the host State in the same way as the nationals of that State: the fundamental principle of equal treatment.

Without going into detail, each one of these principles confers, generally speaking, on the persons (and enterprises) concerned the right to enter the territory of another Member State, to reside there with their families, to exercise their activities under the same conditions as the nationals of the host Member State and to return there afterwards. Those three freedoms must be considered as based on the same principles, where entry, residence and treatment are concerned, they may not be interpreted restrictively and they have direct effect. A wide area of labour mobility represents a large number of opportunities for workers to find work and for the employer to find people with adequate skills, thereby enhancing employment and economic growth. The purpose is to open European labour market to all EU workers, which is one of the tangible aspects of European integration.

5. The free movement of students

Based on Union law provisions and on the Belgian law of December 15, 1980, modified many times, the main conditions for free entry of students into one of the Member States, are the following:

• nationals of Member States:

1. they must be able to prove their nationality (passport or identity card);

2. they need a certificate of inscription in an establishment of higher education;

3. their rights are provided for in Union law;

4. the student must prove that he/she has sufficient resources and is covered by sickness insurance;

• nationals of third countries:

1. a certificate of inscription in an establishment of higher education; it concerns only institutions set up, recognized and financed by the authorities;

2. the proof of having sufficient means of existence (minimum € +/- 600 per month); any proof is acceptable; another person may provide a guarantee; a bank guarantee may be required; means may also, under given circumstances, result from work;

3. a medical certificate indicating that the student has none of the illnesses or handicaps mentioned in an annex to the law;

4. a document showing that the student has not been sentenced.

In addition, the student:

1. may not have been refused access to another Schengen country;

2. does not constitute a danger for the international relations of a Schengen country;

3. does not cause a danger for public policy, public order or public health;

4. has not been refused access in the last 10 years.

The student may be accompanied by members of his family (wife and children) if he can show that he has the necessary means to support and lodge them.

The student may be made to leave the host country in case:

• he no longer fulfils the above conditions;

• disturbs the peace;

• the studies take too long;

• the student pursues a lucrative activity which hinders the studies;

• if, without valid motive, is not present at the exams;

• stays after the end of the studies and is no longer in possession of a valid residence permit.

Reading Comprehension and Vocabulary Work

Exercise 1. Look through the text and answer the following questions.

1. What categories of individuals and legal entities does the free movement of persons concern?

2. What EU Treaty guarantees the fundamental freedom of movement for persons

3. What is the central idea of the Schengen arrangements?

4. What are the three freedoms listed under the heading “Free movement of workers”?

5. What distinguishes the conditions for free entry for nationals of EU Member States and nationals of third countries?

Exercise 2. Suggest Russian equivalents of the following expressions. Use them in your own sentences.

1. quite an array of natural and legal persons; sufficient resources; implementation of the Schengen Agreement; deepening of cross-border co-operation; fight against terrorism, cross-border criminal activities and illegal migration; data on people’s identities; persons and enterprises concerned; tangible aspect of European integration; identity; certificate of inscription; illnesses or handicaps; annex to the law; public policy; public order; public health; without a valid motive; valid residence permit; subject to certain limitations and conditions.

2. to be interpreted restrictively; to set up an area of freedom, security and justice; to encompass; to involve trans-frontier activities; to complement national citizenship; to exercise rights правами; to adopt measures; to be enrolled in an establishment accredited and financed by the host state; to become subject to an expulsion measure; to prosecute criminal offences; to exercise activities; to prove one’s nationality; be covered by sickness insurance; to refuse access; to constitute/cause a danger for; to show; to fulfil conditions; to disturb the peace; to pursue a lucrative activity.

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С. Furthermore; Consequently; In other words; In accordance with….; In compliance with…; besides; in some way; Mention is made here of …; in the same way as …; Without going into detail; under given circumstances.

Exercise 3. Answer the questions on the text.

1. What rights of persons do the provisions of the TFEU provide for?

2. What does Title V of the TFEU set up?

3. What is the difference between the free movement of persons and that of citizens?

4. In what situations can and cannot the TFEU provisions be invoked?

5. What/who falls within the category of EU citizens?

6. How does EU citizenship complement national citizenship?

7. What restrictions and requirements are set forth in the Treaties as regards the periods of residence: up to three months, longer than three months, for permanent residence?

8. What other rights do EU citizens enjoy in non-national Member States?

9. What particularly facilitated the free movement of citizens?

10. How did the Schengen Arrangements contribute to the free movement of persons?

11. In what other areas was cross-border cooperation among Member States deepened?

12. What rights do the three freedoms for workers in the EU confer upon them?

13. What opportunities does labour mobility provide?

14. What conditions must be met by students to reside in the EU?

15. Under what circumstances may a student be denied access to or banished from the EU?

Exercise 4. Read the text and choose the best suitable word to fill in the gaps. Say what you have learned from the text.

The Schengen acquis

The integration of the Schengen acquis into the European Treaties is in itself an interesting legislative 1 worth looking at. The Treaty of Amsterdam 2 that the acquis, which literally means everything that was 3 in the way of applicable provisions by the law of the signatories to the Schengen agreements, shall immediately 4, from the date of entry into force of the Amsterdam Treaty, as Union law in those same States. However, since those provisions were not adopted in 5 with the provisions of the then applicable EC Treaty, the Council, acting 6, had to determine, in conformity with the 7 provisions of the EU and EC Treaties, “the legal basis for each of the provisions or decisions which 8 the Schengen acquis”. In the meantime the acquis was 9 as acts based on Title VI of the EU Treaty at that time: “Provisions on Cooperation in the Field of Justice and Home Affairs.” This name of the so-called third pillar of the European Union was 10, in conformity with the Treaty of Amsterdam, by “Provision on Police and 11 Co-operation in Criminal Matters”. These provisions are now to be found in Title V of the TFEU.

Vocabulary Note:

Schengen acquis – «Шенгенские достижения»: Шенгенские соглашения плюс изданные на их основе правовые акты в 1999 году были признаны частью права Евросоюза, которую обязаны ввести в действие на своей территории все страны, подписавшие Шенгенские соглашения.

	A	measure	B	attempt	C	exercise	D	act
	A	provides	B	ensures	C	indicates	D	sets
	A	acquired	B	received	C	purchased	D	obtained
	A	act	B	adjust	C	conform	D	apply
	A	pursuance	B	conformity	C	connection	D	accordance
	A	concertedly	B	uniformly	C	unanimously	D	objectively
	A	important	B	relevant	C	sufficient	D	supplemental
	A	establish	B	determine	C	define	D	constitute
	A	regarded	B	seemed	C	understood	D	Meant
	A	eliminated	B	swept	C	replaced	D	ousted
	A	Legal	B	Judicial	C	Juridical	D	Just

Exercise 5. Read the text and fill in the gaps with the required prepositions and verbal particles provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about vocational training and student exchanges under Union law.

STUDENTS

Students seeking vocational training in another member state cannot be subjected 1 discriminatory tuition fees not charged to nationals. In one decision, the Court of Justice took a broad view of "vocational training" 2 Article 167 of the TFEU. Any form of education which prepares 3 qualification in a particular trade, profession or employment is included. This is the case 4 age or the level of the training, and even if the study program involves some general education. A French national, for example, was therefore entitled 5 train in strip cartoon arts 6 paying special fees 7 a Belgian city academy.

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Tens of thousands of students are now exchanged 8 the ERASMUS and SOCRATES programs each year. It has been extended 9 students from EFTA and many Central European countries. The 1993 Maastricht Accord authorized cooperative action and "incentive measures" 10 education, vocational training, youth, cultural and public health affairs. The Amsterdam Treaty of 1999 added employment incentives 11 this authority. These provisions explicitly rule 12 harmonization by regional mandate and thus reflect the growing trend 13 "subsidiarity." However, the Bologna Process has brought a common bachelor-masters degree system to 46 European nations, including all 14 the EU.

to (4); under (2); for; regardless of; without; at; on; out; toward; from

1. Students cannot be charged discriminatory tuition fees.

2. Vocational training includes preparation for a particular job.

3. The level of training may require the student to pay an additional fee.

4. Training exchange programmes of the EU only involve European student exchanges.

5. The law sets forth the principle of subsidiarity in cross-border education rather than harmonization.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap. Say what the text is about.

FREE MOVEMENT OF WORKERS, THE SELF-EMPLOYED AND THEIR FAMILIES

The foundations of the TFEU include the free movement of persons, ________ and capital. These are often __________to in economic literature as “factors of production.” Their __________in the Treaty distinguishes it from others which merely __________ customs unions. Freedoms of movement for workers is ___________in Article 45 and by an extensive range of legislative acts which have __________this right. Whereas, for example, North Americans must obtain work ___________________in order to undertake ___________within Europe, this is not required of citizens of the member states. They may _________ employment on the same basis as nationals of the state where the job is located. In other words, workers from such countries enjoy “national _____________.” This right has caused ___________interest by North Americans in becoming “______nationals.” Irish and Italian “laws of return” ordinarily permit emigrants born in Europe and their children or grandchildren to obtain Irish and Italian citizenship. British ________who are partials may generally do likewise. Although the U.S. government __________dual citizenship status for Americans, the benefits of being a European national make this status quite____________. Dual nationals with one member _____citizenship may not be ________their right by another member state. For example, an Argentinean/Italian was _________to ____________and enter business in Spain.

Serve, Reference Inclusive Creature Security Implementation Permission, Employee Search Treat New Dualism Subjective Courage Attraction Statehood Denial Title, Residence

Vocabulary Note:

patrial – имеющий гражданство, подданство, национальную принадлежность.

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box using their appropriate form. Then answer the questions below the text.

public, authority, litigate, competition, grounds, health, exercise, establish, police, subject, evolve, admission, expatriate, policy, fundamental, convictions, objectionable

FREE MOVEMENT EXCEPTIONS

The only blanket exception (общее исключение) to the regime of free movement of workers is 1

in Article 45(4) of the TFEU. Employment in the "public service" of member states is

exempted. The 2 service, for these purposes, involves jobs with official 3, including the

judiciary, the 4 , defense forces and tax inspectors. Licensed attorneys fall outside the public

service, even though they may be required in order to 5 in national courts.

Municipal positions are included when there is participation in the 6 of public power, which

was the case for example in Brussels with the city architect but not city hospital nurses.

Secondary school teachers are not part of the public service, and such positions are therefore

open to 7, but may be 8 to language requirements.

Member states may restrict the free movement of workers from other states on 9 of public

Policy (ordre public), public security or public 10. These provisions have been litigated

extensively. In a long series of decisions, the European Court has 11 rules which limit the

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power of member states to expel or deny 12 to workers whose past conduct is 13. Only when

that conduct is effectively combatted if engaged in by its own nationals may restraints on 14

workers be applied.

Public 15 reasons for limiting the free movement rights of workers must be based on the

existence of a genuine and serious threat affecting 16 societal interests. Past criminal 17

alone, are insufficient.

1. What is the area of employment where non-nationals cannot work?

2. What kind of jobs are exempted for non-nationals?

3. Do law firms and lawyers fall within the public service?

4. On what grounds may member states restrict the free movements of workers?

5. What is the European Court’s general attitude to denying admissions to workers of objectionable conduct?

6. What can serve as a genuinely serious public policy ground to denying admission to or expelling a worker?

Exercise 8. In the text below 3 sentences have been taken out and reshuffled. Mind that the options contain one sentence that does not fit. Restore the text by filling in the gaps meaningfully. What information does the text contain?

RIGHT OF ESTABLISHMENT - PROFESSIONALS

1. For example, the Council has adopted directives about freedom to supply services in the case of travel agents, tour operators, air brokers, freight forwarders, ship brokers, air cargo agents, shipping agents, and hairdressers.

2. The way in which rules and regulations are applied raises a number of difficulties.

3. It did, however, take 17 years to negotiate the directive on free movement of veterinarians.

4. Cuisine in Britain is thought by some to have greatly benefited from this freedom.

The right to go into business as a self-employed person in another member state is secured by Article 59 of the TFEU. This is known as the “right of establishment.” Many entrepreneurs, for example, have used this right to open restaurants throughout the Common Market. 1. The right of self-establishment carries with it nearly the same bundle of national treatment rights and exceptions associated with employed workers. It is also subject to the Cassis formula.

Implementation of the right of establishment for professionals is anticipated in Article 64 by the issuance of legislation mutually recognizing diplomas and national licenses. Medical doctors, dentists, veterinarians, architects and many others have benefited from these provisions and the substantial implementing law that now accompanies them. 2. It has been relatively easy to deal with those professions (e.g., medicine and allied professions) in which diplomas and other evidence of formal qualification relate to equivalent competence in the same skill 3. And litigation over the implementation of these directives continues. It took a Commission prosecution to remove the French requirement that doctors and dentists give up their home country professional registrations before being licensed in France.

Vocabulary Note:

Cassis formula - The Cassis de Dijon Principle in the EU. The Cassis de Dijon Principle belongs to the cornerstone of the EU internal market and refers to a decision of the European Court of Justice (ECJ) of 1979. At that time the German Federal Monopoly Administration for Spirits had prohibited the importation of a French red currant liqueur (cassis from Dijon), because it did not meet the German regulations in regard to the alcohol content. A lawsuit was brought, which the importer finally won.

The ECJ stated that the limitation of the free movement of goods could only be permitted in exceptional cases, for example in order to protect the health of the public, to protect the consumers or if a general public interest existed. However, these conditions in regard to the alcohol content for liqueurs were not met, which is why the product had to be allowed into Germany without hindrance.

The Cassis de Dijon Principle consequently stipulates that the member states mutually recognise each of their regulations, as long as no generally binding EU regulations exist. Accordingly, goods that have been legally manufactured and marketed in one member state (EU/EEA), may as a matter of principle also be sold in all other member states without additional controls

Exercise 9. Read the text and choose the synonym in each bracket that better fits the context. Then discuss in pairs why lifting restrictions on the freedom to provide legal services in the EU was such a daunting task.

LEGAL SERVICES

Considerable (difficulty/challenge/problem/predicament) has been (met/bumped into/run across/encountered) in lifting restrictions within member states on the freedom to provide legal services. For example, within the legal profession there may be only a small amount of (preparation/training/education/studying) or required knowledge held in common by a “lawyer” from a civil law jurisdiction (e.g., an avocat from France) and a “lawyer” from a common law jurisdiction (e.g., a solicitor from England). (Consequently/As a result/Therefore/Thus), the initial directive relating to lawyers’ services took a delicate approach to the (issue/problem/dilemma/question) of freedom to temporarily provide legal services in other member states and stopped short of (dealing/coping/handling/facing) with a right of establishment.

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The 1977 directive allows a lawyer from one member state, under that lawyer’s national title (e.g., abogado, rechtsanwalt, barrister), to provide services in other member states. This (incorporates/contains/includes/encompasses) the right to appear in court without co-counsel unless representation by counsel is (required/mandatory/obligatory/necessary) under national laws. Once retained, a local lawyer need not actually (conduct/run/carry on/proceed) the litigation. It is sufficient that the local attorney is retained to “act in conjunction with” the proceedings. But the legal services directive cannot be used so as to (bypass/escape/avoid/circumvent) national rules on professional ethics, particularly where a dual nationality lawyer has been disbarred and then moves to another state.

Directive 77/249 gave rise to lawyer identity cards issued under the auspices of Commission Consultative des Barreaus Européans (C.C.B.E.), which was charged to (suggest/propose/offer/put forward) a specific directive about a right of establishment for lawyers. However, the mutual recognition of diplomas (accomplished/achieved/gained/obtained) in Council Directive 89/48 applies to lawyers. The maximum adaptation of training period allowed under this directive is three years. In 1977, the long-awaited right of establishment was adopted. It (reflects/reverberates/mirrors/resounds) much of the prior law, but makes it easier (than under the diploma directive) to join the local bar after three years of sustained practice in the host state.

Vocabulary Notes:

1. to stop short (of) – остановиться (перед, не дойдя), не дойти (до)

2. to be retained – (об адвокате) быть нанятым, приглашенным

3. to circumvent national rules – обойти внутригосударственные нормы / правила

4. under the auspices (of) – под эгидой, покровительством

5. Commission Consultative des Barreaus Européans (C.C.B.E.) – Консультативная комиссия при Европейской коллегии адвокатов (C.C.B.E.)

6. sustained practice – стабильная, непрерывная, постоянная практика

Speaking

Exercise 10. Choose any item and talk about it at length in pairs with follow-up questions. Practise using linkers to build a topic.

1. Free movement of citizens of the EU.

2. Free movement of workers.

3. Right of establishment in the EU.

4. Free movement of students.

Linkers: To begin with; Let’s start with…; As to…; As far as … is concerned,…; In respect of…; Another point to make is …; By the way, …; Incidentally, …; Going back to …; What can be added is …; The emphasis must be put on…; Generally speaking, …; Frankly speaking, …; Obviously, …; Apparently, …; Moreover, …; Furthermore, …; However, …; Contrary to what has been said…; As was pointed out in …; Indeed, …; Hence the question: …; Consequently… ; In fact if not in law, …; The latter being referred to as …; It must be clearly understood that…; In other words, …; In addition, …; In regard to …; On the other hand, …; Smth reads as follows: …; etc.

Research

Exercise 11.

(1) Find the information about litigated cases in the field of Free Movement of Persons in the EU and work at it as at a project (a group of 3-4 students) and prepare a PowerPoint presentation.

(2) Prepare questions for the discussion: How did the free movement of persons contribute to the idea of the European integration and common market?

(3) Find the information about the free movement of persons in UTube. Show the video in class and make your group-mates comment on what they have seen and heard.

Writing

Exercise 12. Write a mini-composition on one of the the topics in Exercise 10, using appropriate linking words to help structure a piece. Mind that the composition must contain 200-250 words.

Exercise 13. Write a summary of the text FREE MOVEMENT OF PERSONS reducing it to 25 percent.

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