Freedom of Movement for Employers and Employees in the European Union

Abstract

This article deals with the free movement of workers in the European Union. It seeks an understanding of this Treaty freedom in light of a contemporary Union picture and a changing labour market. The article considers the content of the free movement provisions themselves and the extent to which the mobility rights contained in them have been exercised to date. In doing so, it takes a dynamic perspective, taking into account the early understandings of free movement law and the way in which this has evolved over time against the background of economic and social progress. The analysis does not limit itself narrowly to ‘free movement of workers’, but also touches upon the impact of related and other ‘fundamental freedoms’ areas. It is pointed out that free movement for workers remains a highly controversial element in European social policy.