HC Deb 24 October 2002 vol 391 cc485-6W
Chris Grayling

To ask the Secretary of State for Work and Pensions what restrictions exist on the rights of citizens from an EU country to work in any other EU country. [75627]

Mr. Nicholas Brown

Free movement of people is one of the four freedoms within the internal market of the European Union. Within the Free Movement Title of the EC Treaty, Article 39 states that free movement of workers "shall be secured within the Community". This means that workers of the Member States are free to accept offers of employment actually made in another Member State, and to remain in another Member State for the purposes of carrying out employment. However, Article 39 does not apply to employment in the public service.

The main EU Regulation giving effect to free movement rights for workers of EU Member States is EEC Regulation 1612/68. This guarantees migrant workers equality of treatment with nationals of the host country in respect of: The right to take up an activity as an employed person The right to negotiate and conclude an employment contract Full and free access to the host country labour market Assistance from public employment offices Engagement and recruitment conditions Conditions of employment and conditions governing reemployment, social and tax advantages, vocational training, retraining, and clauses contained in collective or individual contracts of employment Membership of trade unions and the exercise of rights attaching thereto Housing; and Access of children to education and vocational training.

The Regulation guarantees, subject to certain conditions, the right of the migrant worker's family to live in the host country.

Nevertheless, provided they fulfil their obligations under EU legislation, Member States can and do place restrictions on the free movement rights of EU citizens, in particular: Article 39(3) of the EC Treaty allows Member States in some circumstances to restrict the movement and residence of workers on the grounds of "public policy, public security or public health"; in relation to requirements to hold professional qualifications.