Self-Control Exercise on Free Movement of Persons
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Article 45 TFEU provides that freedom of movement for
must be secured within the EU. Article 45 further provides that the freedom of movement of workers entails the abolition of any discrimination based on nationality between workers of the Member States as regards
,
and other conditions of work and employment; that subject to limited derogations, the freedom of movement of
entails the right to accept offers of employment actually made, to
freely within the territory of Member States for this purpose, to
in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action, and to
in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission. Thus, the material scope of the provisions on free movement of workers includes: rights of entry and
; access to
; equality of
; and the right to
in the territory of a Member State after having been employed there. Although Article 48 TFEU talks about self-employed
workers, the freedom of movement of self-employed persons is regulated by Articles of the TFEU on establishment and services. Article 46 TFEU talks about the powers of the European Parliament and the Council under the
legislative procedure and after consulting the Economic and Social Committee, to issue directives or make regulations setting out the measures required to bring about freedom of movement for workers. Freedom of movement of workers is closely connected with
rights, thus with Articles 9 TEU, Article 20 TFEU, and Title V in the Charter of Fundamental Rights of the European Union headed "
". The citizens of the EU have inter alia the the right to vote and to
as candidates in elections to the European Parliament and in
elections in their Member State of residence, under the same conditions as nationals of that State; the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the
and
authorities of any Member State on the same conditions as the nationals of that State; the right to
the European Parliament, to
to the European Ombudsman, and to
the institutions and advisory bodies of the Union in any of the Treaty
and to obtain a
in the same language; but also the right to move and
freely within the territory of the Member States. Thus, this EU's free movement law is not confined to only workers, but extends to all citizens of the EU.
The most important relevant secondary acts are Council Regulation 1612/68 on workers' and workers' families' non-discrimination rights, and Council Directive 2004/38 on right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the Citizens' Rights Directive (CRD)). Article 45 TFEU and the secondary legislation on
apply to activities carried out temporarily outside the EU's territory as long as the employment relationship retains a sufficiently close
with the EU's territory.