Analysis of the free movement of labour under Article 45 TFEU based on ECJ Decisions

• Author: Endri Papajorgji - Greta Alikaj
• Position: Dean of the Faculty of Law at Tirana Business University College, Tirana, Albania - Albanian Ministry of Tourism and Environment
• Pages: 117-121

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 4 No. 1

January, 2020

ISSN 2519-1284

Acces online at www.iipccl.org

117

Analysis of the free movement of labour under Article 45 TFEU based on ECJ

Decisions

Assoc. Prof. Dr. Endri Papajorgji

Dean of the Faculty of Law at Tirana Business University College, Tirana, Albania

Msc. Greta Alikaj

Albanian Ministry of Tourism and Environment

Abstract

The free movement of labour benefi ts the individuals who choose to work elsewhere in the

EU as well as the societies which receive them. It enables the former to exercise their right

to free movement and to improve their personal and professional situation, and the la er to

fi ll job vacancies and skills shortages.1 Article 45 of TFEU guarantees the free movement of

workers within the common market. This includes (according to paragraph 2) the abolition

of any discrimination of nationality, based on di erent treatment in terms of employment,

remuneration and other employment conditions (prohibition of discrimination). Article 45 (3)

of TFEU entails the right to workers to:

• to accept o ers of employment actually made;

• to move freely within the territory of Member States for this purpose;

• to stay 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;

• to remain in the territory of a Member State a er having been employed in that State, subject

to conditions which shall be embodied in regulations to be drawn up by the Commission;

Main objective of this article is the analysis of this article based on the latest ECJ Decisions.

Keywords: freedom of movement, Labour, ECJ, Decisions, EU.

Introduction

Freedom of movement stipulated in Article 45 TFEU was regulated in detail by

Regulation (EEC) No. 1612/68 on the content of the free movement of workers

within member states, concretized and supplemented in secondary legislation.

This regulation sets out detailed rules for admission to employment, the exercise

of employment and equal rights as well as about the status of family members. It

was later amended by Directive 2004/38 on the right of EU citizens and their family

members to move and stay within the territory of member states.

It codifi es in its Article 2, the jurisprudence of the ECJ and also regulates the

fundamental freedoms of the EU for EU citizens and their families residing in another

Member State.

The free movement of persons of EU citizens, pursuant to Article 18 of the TFEU,

1 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al23013a