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Maastricht Treaty Treaty of Amsterdam European Communities Treaty of Paris European Coal and Steel Community Treaty of Rome
Maastricht Treaty Treaty of Amsterdam European Communities Treaty of Paris European Coal and Steel Community Treaty of Rome
Amsterdam.[11] Prior to the 1992 Maastricht Treaty, the European Communitiestreaties provided
guarantees for the free movement of economically active persons, but not, generally, for others. The
1951 Treaty of Paris[12] establishing the European Coal and Steel Community established a right to
free movement for workers in these industries and the 1957 Treaty of Rome[13] provided for the free
movement of workers and services.
However, the treaty provisions were interpreted by the European Court of Justice not as having a
narrow economic purpose, but rather a wider social and economic purpose.[14] In Levin,[15] the Court
found that the "freedom to take up employment was important, not just as a means towards the
creation of a single market for the benefit of the member state economies, but as a right for the
worker to raise her or his standard of living".[14] Under the ECJ caselaw, the rights of free movement
of workers applies regardless of the worker's purpose in taking up employment abroad,[15] to both
part-time and full-time work,[15] and whether or not the worker required additional financial assistance
from the member state into which he moves.[16] Since the ECJ has held[17] that a recipient of service
has free movement rights under the treaty and this criterion is easily fulfilled,[18] effectively every
national of an EU country within another member state, whether economically active or not, had a
right under Article 12 of the European Community Treaty to non-discrimination even prior to
the Maastricht Treaty.[19]