Brain Drain - Hochschule der Bundesagentur für Arbeit

�����������������������������������������
���������������������������������������
�
�
Overview of European legislation related to migration, national legislation
related to migration, typical measures applied to protect national market
Legislation related to migration could be divided in to main areas – migration
legislation in general, European legislation on free movement of workers.
Sources of legislation regulating migration are very often international organisations
like United Nations and/or Council of Europe. From documents of Council of Europe
we can select:
• Recommendation 1648 (2004) - Consequences of European Union enlargement
for freedom of movement between Council of Europe member states
(assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta04/EREC1648.htm )
• Recommendation 879 (1979) on the movement of persons between the member
states of the Council of Europe
• Recommendation 990 (1984) on clandestine migration in Europe
• European legislation on free movement of workers
To ensure the effective mobility of workers within the European Union, Council
Regulation (EEC) No 1612/68 is based on the general principle of eliminating any
direct or indirect discrimination based on nationality as regards employment,
remuneration and other working conditions, access to accommodation and a worker's
right to be joined by their family. It also provides for implementation of a system
matching job vacancies and applications via specialised services cooperating at
European level.
Directive 2004/38/EC makes Union citizenship the fundamental basis of nationals of
the Member States when they exercise their right of free movement and residence on
the territory of the Union. Previously, there were various Community instruments
dealing separately with workers, self-employed persons, students and other inactive
persons. It also incorporates the rights of family members of workers in this new
approach.
Where a national of a new Member State is accepted on the market of an EU-15
Member State, he is covered by all the principles of Community law: right of
residence, coordination of social security schemes, non-discrimination on the basis of
nationality and recognition of qualifications.
For more information on the freedom of movement for workers, consult the special
pages on the free movement of workers of the DG for Employment, Social Affairs and
Equal Opportunities and the Living and Working pages on the EURES website.
• EU free movement of workers - europa.eu/scadplus/leg/en/s02305.htm
• EU migration legislation - europa.eu/scadplus/leg/en/s17000.htm
European union legislation database - europa.eu/documents/eur-lex/index_en.htm
80