Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-10-21-Speech-3-297"
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"en.20091021.11.3-297"2
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"The Council would like to point out that the free movement of people is one of the fundamental rights guaranteed in Community legislation and includes the right of EU citizens to live and work in another Member State.
In the information it provided to the Council, the Commission also stated that it would ensure that the provisions of the Accession Treaty are complied with and it reserved the right to request clarification from those Member States continuing to apply restrictions.
At its meeting on 9 March 2009, the Council directed an invitation to those Member States that were still applying transitional rules restricting free movement. At the time, based on the information available, the Council said that these Member States should consider whether to continue applying these restrictions. The Member States were also urged to lift the restrictions during the third phase if no serious disturbances, or risk of serious disturbances, to the labour markets could be identified in the Member States concerned.
The Council also pointed out to the Member States that priority must be given to citizens from Member States over labour from outside the EU, and that the protection of citizens from new Member States who were already resident and employed in a Member State will remain during the transitional periods. The rights of family members have also been taken into account in accordance with the practice in connection with previous accessions.
The Council emphasised the strong elements of differentiation and flexibility in the rules on the free movement of workers. The Member States have declared that they will endeavour to grant increased access to the labour market to citizens from the new Member States concerned in accordance with national legislation, with a view to speeding up the approximation of their legislation in line with Community legislation.
In November 2008, the Commission put forward a communication on the impact of free movement of workers in the context of EU enlargement. The Commission points out that workers from Bulgaria, Romania and the EU-10 Member States helped to meet a higher demand for labour in the receiving countries and thus made a significant contribution to sustained economic growth. Evidence at hand suggests that post-enlargement intra-EU mobility has not led – and is unlikely to lead – to serious labour market disturbances.
The Commission also notes that the volume and direction of mobility flows within the EU are driven by general labour supply and demand rather than by rules restricting labour market access. The Commission concludes that restrictions applied by the Member States may delay labour market adjustments and even exacerbate the incidence of undeclared work.
The free movement of labour is an important priority for the European Union. The movement of labour helps to create more jobs, so that the economy can be adjusted even during an economic crisis. The movement of workers also helps to reduce social marginalisation and poverty.
With regard to the transitional period for free movement that the honourable Member asked about, the Member States have the right to retain their restrictions up to the end of the third phase of the transitional period. However, the Council believes that the economic crisis that Europe is currently experiencing should not be used as grounds for continuing to apply the transitional rules. Even during periods when demand for labour is low, it can be difficult for employers to fill vacancies with applicants from their own country.
The Council regularly reviews the question of transitional arrangements. The most recent review was at its meeting in June 2009, when the Council took note of the Commission’s information on the impact of free movement in the context of EU enlargement. The Commission informed the Council that three of the EU-15 Member States had, prior to 1 May 2009, notified the Commission of serious labour market disruptions or the risk of such disruptions. Germany and Austria continued to apply restrictions on labour market access by retaining the requirement for a work permit, while the United Kingdom applies a system of
registration, which allows workers to start work but requires them to register within 30 days."@en1
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