FREEDOM OF MOVEMENT OF PERSONS

Article 48 of the EEC Treaty provides for the freedom of movement of workers without actually defining the term "worker'. The term had to be defined by case law. However in the background of this provision is the economic cosideration i.e. the free movement of labour as a factor in production having primarily an economic objective, i.e. a common market in manpower. Thus the rights enunciated in article 48 are concerned with the mobility of the workforce, i.e. the right to accept offers of employment, to stay in a member state for the purpose of employment and to remain in the territory of a member state after having been employed in that state. In the absence of a specific provision it entails a right to stay unemployed in the host state whilst looking for employment which, however, can be limited to a reasonable period1
Anahtar Kelimeler:

Serbest Dolaşım, Madde 48, AT

FREEDOM OF MOVEMENT OF PERSONS

Article 48 of the EEC Treaty provides for the freedom of movement of workers without actually defining the term "worker'. The term had to be defined by case law. However in the background of this provision is the economic cosideration i.e. the free movement of labour as a factor in production having primarily an economic objective, i.e. a common market in manpower. Thus the rights enunciated in article 48 are concerned with the mobility of the workforce, i.e. the right to accept offers of employment, to stay in a member state for the purpose of employment and to remain in the territory of a member state after having been employed in that state. In the absence of a specific provision it entails a right to stay unemployed in the host state whilst looking for employment which, however, can be limited to a reasonable period1

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