Report on EU Law: Free Movement of Workers, Residence, and Rights

This report examines the legal framework surrounding the free movement of workers within the European Union, focusing on key legislation and case law. It analyzes the implications of Article 39 of the European Community, Regulation 1612/68, and the jurisprudence of the Court of Justice of the Eur...Read More

The primary foundations of European Union legislation comprise treaties in between the member
nation as well as treaties between third party and European Union. The secondary legislation
comprise of directives, regulations and decisions.
The justice court of European Union is judicial structure of EU. That implies it pacts with
conflicts in between the competing parties. The ECJ plays significant role of guaranteeing that
legislation of EU is applied and implemented in same manner in all member nations.
In the case of Baumbast and R vs. Secretary of State for the Home Department, the analysis of
Article 8A of treaty of EC in addition to that Article 12 of EEC Regulations No. 1612/68 of
Council relating to unrestricted movement of migrant workers and residence rights under the
necessities of unrestricted movement for migrant workers. Article 39 of European Community
entails right of free movement of workers within community and free movement envisage
eradication of disparity on the basis of nationality in between the migrant workers of member
nations relating to remuneration, employment and other stipulation of employment and work.
Regulation 1612/68 for the purpose of ensuring free movement for migrant workers confer
specific rights upon the worker’s family members. The scope and concept of free movement of
workers was interpretaed broadly under the case law of courts.
The legislation of the community relating to unrestricted movement of workers comprises
of two folds. The earliest and first concerning contain regulation on free movement of workers,
liberty of establishment as well as conferring service. The secondary laws are necessary for the
purpose of facilitating practice of economic liberties has not bound with the cultural, economic
and social progress. Furthermore by taking in consideration the derivative liberty of family
members of the workers the legislation of EU laid down the method for the establishment of

rights. The treaty named Maastricht that is invoked by European Community liberty on behalf
the EU citizens.
Article 11 entails the liberty to take action as employed individuals in the terrain of state
and children aged below 21 years have liberty to adopt activity as employed individual even
though it not resident of member nations. The notion of equivalent treatment as entail in the
community legislation guarantees integration of migrant workers and also family members in
host member states. The court pursue wider interpretation of the rights of children as envisage in
Article 12 of Regulation 1612/68. The determination of the concept of Article 11, 12 and 10 of
Regulation 1612/68 is significant in consideration of the standard of worker. The child who
comes within Article 10 of Regulation 1612/68 of free movement of migrant workers within
European community preserve as under Article 12 of regulations the liberty to endure in member
nations there is already commencement of education and stay for that cause in member nations.
The question that is considered is the liberty of children to stay in the host member nations for
pursuing education. Article 18 (1