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eu mobility and migration law
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- Union citizens have the right to reside in another Member State for up to three months without formalities, with more favorable treatment for jobseekers as per ECJ case-law.
- The free movement of workers within the EU includes rights of movement and residence, entry for family members, and equal treatment at work; social benefits are primarily governed by ECJ case law.
- EU law defines a worker as someone who performs services under direction in return for remuneration, interpreted broadly to include part-time employment, trainees, and jobseekers, excluding purely marginal activities.
- Art. 45 TFEU guarantees workers' freedom of movement within the EU, prohibiting discrimination based on nationality regarding employment, remuneration, and conditions; non-nationals can also access social benefits.
- Grzelczyk case highlights that national authorities cannot deny residence rights to Union citizens on grounds of insufficient resources without a Community directive backing such requirements.
- Regulation 492/2011 prohibits Member States from discriminating against foreign nationals in employment or subjecting them to conditions not applicable to their own nationals, except for linguistic knowledge required by the nature of the post.
- Jobseekers retain worker status under certain conditions (involuntary unemployment after one year, illness, vocational training) and can stay in a host state seeking employment without proving genuine chances until a reasonable period expires.
- Belgium case (GMA vs. Belgium) establishes that jobseekers must be allowed a reasonable time to seek employment before proving genuine chances are required.
- Frontier workers, who work in one Member State and reside in another, benefit from non-discrimination principles and enjoy the same social protections as national workers with minor exceptions.
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