Free movement of workers after enlargement: Frequently Asked Questions, Brussels, 5 February, 2004

 

Free movement of persons is one of the fundamental freedoms guaranteed by Community law and includes the right to live and work in another Member State. It is an essential element of the Internal Market and of European citizenship. After enlargement on 1 May 2004, there will be transitional periods limiting the free movement of workers from new Member States, which have been set out in the Accession Treaty.

What are the transitional arrangements?

For the first two years following the accession of the new Member States, access to the labour markets of current Member States will depend on national measures and policies, as well as bilateral agreements they may have with the new Member States. There is no requirement to notify the Commission formally of the measures to be taken.

At the end of the first two years i.e. in mid-2006 the Commission will draft a report, which will be the basis for a review by the Council of Ministers of the functioning of the transitional arrangements. In addition to the Council's review, Member States must notify the Commission as to their intention for the next period of up to three years either to continue with national measures, or to allow free movement of workers.

There should therefore be free movement of workers after 5 years, that is by 2009. However, the possibility does exist for a current Member State to ask the Commission for authorisation to continue to apply national measures for a further two years, but only if it is experiencing serious disturbances on its labour market. This requirement must be objectively justified.

From 2011 seven years after accession there will be complete freedom of movement for workers from new Member States.

To which countries will transitional arrangements be applied?

Transitional arrangements have been set out in the Accession Treaty with regard to:

·         Czech Republic

For Cyprus and Malta, there are no restrictions on the free movement of workers, though Malta may make use of the safeguard clause (see below).

Who is covered by the transitional arrangements?

The transitional arrangements will apply to anyone who wants to sign an employment contract with an employer in one of the current Member States. It does not apply to those wishing to reside in one of the current Member States for purposes such as study, or those who wish to establish themselves as self-employed persons, with the exception of self-employed persons providing certain services, e.g. in the construction sector, in Austria and Germany.

Job-seekers will be entitled to assistance from public employment services whether from a future or current Member State. The current rules on entitlement to look for work in another Member State for up to 3 months will also apply to nationals of new Member States. Such job-seekers will claim unemployment benefit in their own country and arrange for it to be paid in the country where they are looking for work, if they have access to the labour market of this country according to the transitional arrangements. The level of benefit will be that of their home country.

What is the safeguard clause?

If a current Member State has stopped applying national measures and has a fully open labour market, it can ask to be authorised to re-impose restrictions, if it experiences serious labour disturbances. It is for the Commission to decide what sort of restrictions can be imposed and for how long.

Will nationals from new Member States be discriminated against in the labour market?

Discrimination on the grounds of nationality is against Community law. Once a worker has complied with any national measures that may be in place, he or she must be treated on the same basis as any domestic worker. In terms of access to jobs, the Member States must give workers from the new Member States priority over workers from third countries. Some jobs in the public sector can be restricted to nationals of the host Member State.

Will nationals of new Member States already working in a current Member State be affected?

A national of a new Member State legally working in a current Member State on 1 May 2004 and having a work permit or authorisation from 12 months or longer will continue to have access to the labour market of that Member State. He or she will not have automatic access to the labour markets of the other current Member States.

A national of a new Member States who moves to a current Member State and gains legal permission to work there for 12 months or longer will have the same rights. But should he or she voluntarily leave that Member State, the right of access will be lost until the end of the transitional period.

What is the situation with regard to family members?

Family members of a worker from a new Member State who has been legally admitted to the labour market of a current Member State for 12 months or more, and are resident with the worker before accession, will also have access to the labour market of that Member State. If the family joins the worker after the date of accession, they will have access to the labour market of that state once they have been resident for 18 months or from the third year after accession (i.e. 2007), whichever is earlier. Family members means the spouse of the worker and their children under the age of 21, or dependent.

Can Member States impose tighter restrictions from 1 May 2004 than were in place before?

No, the so-called 'standstill clause' states that current Member States cannot make access to their labour market more restrictive than it was on the date of signature of the accession treaty, 16 April 2003.

Will workers from current Member States be able to have free movement to the new Member States?

There will be no automatic restrictions on the right of nationals of current Member States to move to work in the new Member States. However, new Member States may choose to impose equivalent restrictions on the nationals of Member States that have themselves imposed restrictions.

Will workers from new Member States be able to move to other new Member States?

In the event that any one of the current Member States decides to apply national measures (a circumstance which is all but certain), then new Member States may make use of the safeguard clause described above for nationals of the other new Member States. Malta can apply the safeguard clause even if all the current Member States decide not to impose restrictions.

Will the transitional arrangements have any effect among current Member States?

Nationals of a current EU Member State wishing to work in another current EU Member State will not be affected by the transitional arrangements.

When will the Commission have information on the positions of the various Member States?

The Commission cannot legally oblige Member States to indicate the national measures they will put in place for the first two years of the transitional period. However, in the interests of transparency, the Commission has asked Member States to provide this information as soon as possible. Once known, details will be available on the Commission's Job Mobility Portal: http://europa.eu.int/eures

What improvements will workers from candidate countries already working in the EU see in their situation after 1 May 2004?

Currently, workers from new Member States have only enjoyed equal treatment regarding working conditions, remuneration and dismissal as well as co-ordination of social security when moving within the current Member States. After accession they will benefit from Community rules on the recognition of qualifications and co-ordination of social security with regard to insurance periods acquired in any new Member State.

Are the rules on coordination of social security subject to the transitional agreement?

Once a worker is in a Member State, whether under a transitional arrangement or after being granted free access, he of she will have the full rights applicable under the rules governing the co-ordination of social security (regulation 1408/71). The exact nature of entitlements depends on the regime in the host country and the home country, but in general, these rights can be characterised as:

·         The exportation of pension rights and other cash benefits acquired by a worker in his or her home Member State.