Free Movement of Workers in the EU

The freedom of movement of workers is one of the four fundamental freedoms, one of the core values of the European Union and a fundamental element of EU citizenship. In spite of this, the freedom of movement of workers is currently an insufficiently exercised right. According to statistics, only 3.1% of European citizens of working age (15-64) have lived in an EU Member State other than their own. Due to obstacles, difficulties and discrimination on the grounds of nationality that EU citizens often face, the mobility of workers in the EU is at a low level.

As well as Article 45 of the TFEU which enshrines the right of EU citizens to move to another Member State for work purposes, including the right not to be discriminated against on the grounds of nationality as regards access to employment, remuneration and other conditions of work, the EU Charter of Fundamental Rights also confirms the right of every EU citizen to seek employment in any Member State.

The Directive on the table of the EP and the Council enforces Regulation (EU) No 492/2011 on the freedom of movement of workers within the Union.

The Directive does not impose new obligations on Member States, as the scope is determined by the Regulation. The aim of this piece of legislation is to facilitate the exercise of rights conferred on workers in the context of the freedom of movement of workers. As a lack of information is one of the biggest obstacles that holds citizens back from seeking jobs in another Member State, one of the core elements of the Directive is to ensure that workers are provided with clear, free, easily accessible, comprehensive, multilingual and up-to-date information on their rights concerning the free movement of workers, available means of protection and the redress of these rights. Furthermore, Member States should also provide their own nationals with information on EU rights on free movement if they wish to enjoy the right to freely move to another Member State.

The basic principle of Regulation 492/2011 and this proposal for a Directive is to ensure the equal treatment of all EU workers, including border workers, so no-one can be discriminated against just because he/she is from another Member State. Those who face discrimination or suffer from unjustified restriction will have access to judicial and/or administrative procedures.

Member States should also designate structures or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers.