Introduction:

The free movement of workers is one of the core principles of the European Union (EU). It

enables citizens of EU Member States to work in any other Member State without

discrimination, thereby facilitating the creation of a single market for labor. This essay critically

evaluates the key legislation and cases in this field, discusses how the law fulfills the objectives

of the EU, and evaluates how the law in this area is enforced.

Key Legislation and Cases:

The key legislation governing the free movement of workers is Article 45 of the Treaty on the

Functioning of the European Union (TFEU). Article 45 provides that all EU citizens have the

right to work in any other Member State without discrimination on grounds of nationality. This

right is also extended to family members of the worker. The right to work includes the right to

take up and pursue employment, to engage in self-employment, and to stay in the host Member

State for that purpose.

The Court of Justice of the European Union (CJEU) has played a crucial role in interpreting and

enforcing the free movement of workers. In the case of Levin v. Staatssecretaris van Justitie

(1982), the CJEU held that Article 45 applies to all workers who are EU citizens, regardless of

their status as employees or self-employed individuals. In other words, the right to work is not

limited to traditional employment relationships.

Another important case in this area is Raulin v. Minister van Onderwijs en Wetenschappen

(1984), in which the CJEU held that the right to work includes the right to access vocational

training and education in the host Member State. The case of Bosman (1995) extended the free
movement principle to the transfer of players in professional football, which has since had

significant implications for the sports industry.

Fulfillment of Objectives of the European Union:

The free movement of workers is a fundamental principle of the EU, which seeks to create a

single market for labor. By facilitating the mobility of workers across Member States, the EU

aims to promote economic growth and social cohesion. The free movement of workers also

enhances competition in the labor market, thereby improving the efficiency of the EU economy.

Enforcement of the Law:

The enforcement of the free movement of workers is primarily the responsibility of national

courts in Member States. Individuals who believe that their rights under Article 45 have been

violated can bring cases before national courts, which are obliged to apply EU law in accordance

with the principles of direct effect and supremacy.

The European Commission also has a role in enforcing the free movement of workers,

particularly in cases where Member States are in breach of their obligations under EU law. The

Commission has the power to initiate infringement proceedings against Member States that fail

to comply with EU law, including the free movement of workers.

Conclusion:

The free movement of workers is a core principle of the EU, which is enshrined in Article 45 of

the TFEU. The CJEU has played a crucial role in interpreting and enforcing this principle, and its

case law has extended the right to work to a wide range of individuals and situations. The free

movement of workers fulfills the objectives of the EU by promoting economic growth and social
cohesion, and improving the efficiency of the labor market. The enforcement of the law is

primarily the responsibility of national courts, although the European Commission can also take

action against Member States that breach their obligations under EU law.