On Workers, Nationality, and What it Means for State Sovereignty and the Internal Market

Abstract

Who is a worker in EC law? In its case law the Court of Justice has long developed a definition of worker in relation to nationals of the Member States. This jurisprudence has later been applied to worker clauses in EC agreements with third countries. However, the secondary legislation adopted under Title IV EC has re-defined this concept for third-country nationals residing in the Community. Simultaneously, a number of new directives contain mobility provisions for third-country workers relocating between Member States. The contribution will focus on the evolution of competences regarding secondary migration, discussing provisions of the Treaty of Lisbon, current secondary legislation, and most recent proposals. The rationale behind introduction of intra-Community mobility for third-country workers appears to diverge from that of Article 39 EC. Enacting directly effective right to secondary mobility for third-country workers potentially leads to the application of free movement principles to all workers, to the benefit of the internal market at the expense of sovereign powers of the Member States. Has the first step in this direction been taken?