Regulation 2011/492 - Freedom of movement for workers within the Union

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1.

Current status

This regulation has been published on May 27, 2011 and entered into force on June 16, 2011.

2.

Key information

official title

Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union Text with EEA relevance
 
Legal instrument Regulation
Number legal act Regulation 2011/492
Original proposal COM(2010)204 EN
CELEX number i 32011R0492

3.

Key dates

Document 05-04-2011
Publication in Official Journal 27-05-2011; Special edition in Croatian: Chapter 05 Volume 002,OJ L 141, 27.5.2011
Effect 16-06-2011; Entry into force Date pub. +20 See Art 42
End of validity 31-12-9999

4.

Legislative text

27.5.2011 EN Official Journal of the European Union L 141/1

I

(Legislative acts)

5.

REGULATIONS

REGULATION (EU) No 492/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2011

on freedom of movement for workers within the Union (codification)

(Text with EEA relevance)

 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46 thereof, regards employment, remuneration and other conditions of work and employment, as well as the right of such workers to move freely within the Union in order to pursue activities as employed persons subject to any limitations justified on grounds of public policy, public security or public health.


Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

  • (3) 
    Provisions should be laid down to enable the objectives laid down in Articles 45 and 46 of the Treaty on the Functioning of the European Union in the field of freedom of movement to be achieved.

Having regard to the opinion of the European Economic and Social Committee ('),

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

  • (4) 
    Freedom of movement constitutes a fundamental right of workers and their families. Mobility of labour within the Union must be one of the means by which workers are guaranteed the possibility of improving their living and working conditions and promoting their social advancement, while helping to satisfy the requirements of the economies of the Member States. The right of all workers in the Member States to pursue the activity of their choice within the Union should be affirmed.
 
 
  • (5) 
    Such right should be enjoyed without discrimination by permanent, seasonal and frontier workers and by those who pursue their activities for the purpose of providing services.

  • (2) 
    Freedom of movement for workers should be secured within the Union. The attainment of this objective entails the abolition of any discrimination based on nationality between workers of the Member States as
  • (2) 
    OJ C 44, 11.2.2011, p. 170.
  • (1) 
    Position of the European Parliament of 7 September 2010 (not yet published in the Official Journal) and decision of the Council of

21 March 2011.

  • (3) 
    OJ L 257, 19.10.1968, p. 2.
  • (4) 
    See Annex I.
  • (6) 
    The right of freedom of movement, in order that it may be exercised, by objective standards, in freedom and dignity, requires that equality of treatment be ensured in fact and in law in respect of all matters relating to the actual pursuit of activities as employed persons and to eligibility for housing, and also that obstacles to the mobility of workers be eliminated, in particular as regards the conditions for the integration of the worker’s family into the host country.

  • (7) 
    The principle of non-discrimination between workers in the Union means that all nationals of Member States have the same priority as regards employment as is enjoyed by national workers.

Article 3

  • 1. 
    Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply:

  • (8) 
    The machinery for vacancy clearance, in particular by means of direct cooperation between the central employment services and also between the regional services, as well as by coordination of the exchange of information, ensures in a general way a clearer picture of the labour market. Workers wishing to move should also be regularly informed of living and working conditions.
  • (9) 
    Close links exist between freedom of movement for workers,...

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This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

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