An analysis of the freedom of movement for workers in the framework of Directive 2014/54/EU

Abstract

EU law on freedom of movement for workers has always endowed EU citizens with a wide range of rights- ones which go beyond the borders of Member States in order to allow these workers the possibility of pursuing cross-border employment opportunities. These transnational rights, stemming from the fundamental concept of citizenship, are rights which not only benefit the citizens of the European Union but also preserve and improve the health of the European economy. The institutions of the EU have always recognised the advantages of labour migration. Yet, this concept is one whose fate relies heavily on Member State action. History has shown that the idea of opening up the borders of national labour markets in order to create a single market has not always gone down well with Member States, who may find it politically inopportune to welcome workers from other Member States who might take up employment opportunities for nationals. These perceptions have fostered hostility towards those who seek employment beyond the state in which they are resident. The concepts of equal treatment and non-discrimination are upheld under EU law as a universal right. However, any piece of legislation dealing with migration must take into consideration and provide for the interplay between the law and reality. Without recognition of this link, there is little hope for EU law on free movement of workers to change the attitude towards migrant workers and to eliminate discrimination. In the areas of race and sex inequality this appears to have been done. Yet, the issue of nationality-based discrimination shows that there is much to be desired. Recent legislative initiatives will potentially bridge the gap between the law and reality in this area.