EU Free Movement Rights

Free Movement of Workers The European Union Treaty guarantees the right of workers to move between member states of the European Union to seek employment.  They must not be subjected to any discrimination based on nationality as regards employment, remuneration or conditions of employment.… Read the rest

Overview A practical issue which arises in exercising the right to establish in another member state is the recognition of qualifications.  In 2005 the EU adopted a general Qualifications Directive on the mutual recognition of professional qualifications. … Read the rest

Approach to Qualifications The EU has introduced sector-specific and general qualifications legislation in relation to recognising diplomas, qualifications, and equivalent awards. There are two different approaches to the harmonisation of diplomas and qualifications. The first approach involves specific rules for sectors. … Read the rest

Comparison The Qualifications Directive requires the EU Member States to establish a procedure to examine and recognise professional qualifications. The host state must compare the migrant’s qualifications and abilities with those required by the national system.… Read the rest

Direct Discrimination EU states may not impose, directly or indirectly on the products of other states, any internal taxation of a kind in excess of that imposed directly or internally on similar domestic products.  They may not impose on products of other member states any internal taxation which affords indirect protection to other products.… Read the rest

Acquired Rights The Vienna Convention on the Law of Treaties safeguards acquired rights to a significant extent. It had been claimed in the run-up to the Brexit referendum that it would safeguard the EU rights of UK nationals in the EU (and vice versa).… Read the rest

EU Treaty Rights Free movement of persons as provided in the Treaty of Rome 1957 has evolved into a wider range of related rights under the various amending treaties since that time.  There is a right of free movement for workers to come and work in a host EU state. … Read the rest

Citizenship Directive The 2004 EU Citizens Directive in 2004 consolidates and updates earlier legislation. It seeks to reduce formalities and minimise the bases for refusal of entry. It introduced the concept of permanent residence. The directive applies to an EU citizen and family members. … Read the rest

European Union citizenship and rights. The Maastricht Treaty introduced the concept of citizenship of the European Union.  The Treaty declares the rights of a citizen.  Citizens have the rights conferred by the Treaty and the duties imposed by it. … Read the rest

EU Immigration and Asylum (UK & Ireland Opt Out) Until  the 1990s. asylum and immigration were outside the scope of European Union competence. The Maastricht Treaty in 1992 extended EU powers to include some aspects of asylum.… Read the rest