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Free Movement of Persons in EU Member States Essay

Introduction

European Union is an economic and political union of twenty seven member states which are basically located in Europe. The union had its origin back to the times when there was a European coal and steel community and the European Economic Community,(Weatherhill,2007) .The community was formed by six member states in the 1950s to facilitate the flow of coal and steal workers in these countries.

The union executes its function through a hybrid system of supranational independent institutions and intergovernmental made decisions as agreed by the member states. Movement of citizens from one member state to another is governed by the union laws which are enacted to ensure smooth flow and peaceful existence of the migrants it the countries they have moved to. The following are the solutions to the sample of problems which immigrant workers and their families face while on transit to EU member states;

Legislation rights for non-member citizens

Harry a UK national is legible to move to Albia. United Kingdom is one of the twenty seven members of the European Union. Harry is therefore free to move, reside and work as financial director of Multistirpe limited company within the EU territory. This follows the Article 14 (ex 7A) of the EU treaty which guarantees an internal free movement without barriers to citizens from EU member states,(Barker,2007).However, the wife and her sister are US nationals which is not a member of the European

Union. Sue and Anna cannot move to Albia to stay with Harry under the European Union laws.  Although Sue is married to Harry who is a UK national and she is entitled to acquire UK nationality according to the laws of marriage, she still maintains the US nationality.  This means that she has not changed her citizenship. Had she and her sister Anna changed their nationality to the UK’s while in UK, it would have been made possible for them to move with Harry to Albia.

Besides that, Article 39(ex 48) of the EC Treaty sanctions the right of EU workers to accept offers of employment made in another member state, to move freely within the Community, as well as to reside and remain in another member state after having been employed, (Weatherhill, 2007).Although the act generalizes on workers from member states, it’s still restricted to only nationals of these states. Incase Anna and her sister finds their way into Albia, they will not be reliable to employment and public services such as public health and public security. This is also according to the Council Directive 64/221 of February 25th 1964 concerning the ‘co-ordination of the special measures regarding the movement and residence of foreigners. This was justified by motives of public policy, public security and public health. Thus the two cannot accompany Harry to Albia.

Loss of citizenship rights on citizens of member states

Raj is an Indian by birth but a Briton by nationality. Having been married to Mary ( a Briton) for such a period of time, he is entitled to receive   Britain nationality which it seems that  he has obtained. He has acquired his nationality based on the country of marriage which may be revoked once the two divorces. It’s unfortunate that their marriage is threatened by the nature of Raj’s work which he has been practicing and which he will still practice in Rubra for three years. Incase the marriage brakes down, Raj will loss his Briton nationality hence he will not be allowed to enter Rubra with a different nationality that is not of a member state.

Since Raj is an Indian, India is not a member of the European Union. He will not be allowed to use the Indian nationality to re-enter Rubia as it has not signed any treaty with the European Union. The council directive 64/221 of February 25th 1964 that allows member countries’ nationals to enter, accept employment, work and live anywhere in the member states will bar him from doing the same under Indian nationality,(Barker,2007. Incase the second chance given by Mary will guarantee him such privileges in Rubra, it will be short lived depending on the survival of there marriage. If the marriage brakes down, Raj will be required to square it out from his country of birth which is not a member of the European Union.

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He will be denied an opportunity to live and work in Rubra which will be followed by a deportation to his mother country, India and not Britain. Thus he should hold hard to the marriage and pray that Mary doesn’t divorce him. According to the directive 68/360, the procedure of moving into an EU member states by workers has been reduced to just the saw of the identity card or valid passport. The person and the family members are relieved from presenting the visa all through. However these relieve will curtail Raj’s freedom in Rubra when Mary will divorce him. By the saw of the Indian identity card or passport, he will no longer be recognized as from any member states.

Marriage rights to citizens of EU member states

Helene and Claire are married to one another. Article 10(n 2) of the European Union law provides and defines the rights of the family members of the workers,(BARKER,2007).It recognizes them as the spouse and Family members of the worker who are under 21 years or dependants as well as the dependants on the ascending line of the worker and his or her spouse.  All the EU members were forced to sign up the European convention on human rights which include rights to life, freedom and self-determination. Thus the people of the same sex receive same treatment as any form of relationship in the member states.

But it’s unfortunate that some member states are reluctant in enforcing the laws governing the same. They consider marriage of the same sex as an erosion of culture which should not be practiced within their territories. Since each member state is independent, countries like Albia where Helen will be working have the rights to reject lesbianism under there laws of the land. Albia is required to respect the EU law but not up to an extent that it interferes with its culture rights. Thus Helen and Claire’s relationship may be considered as illegal under the Albia laws and be barred from entry into the country. If Helen wants to move with her spouse, then she should not consider a posting to Albia. But if she can manage to leave Claire in United Kingdom and go alone, it will be possible for her to apply for the post. Otherwise, she should stop thinking for a post into Albia as a couple but as a single person.

Employee’s healthcare rights in EU member states

Marion is a human resource director of Multistripe. She is concerned with the healthy status of the employees while in Albia. Albia being among the European Union member states signed an agreement for the respect of human rights to citizens of EU member. In Albia health care is provided by both the private practioneers and clinics as well as by the government through the government medical services. Citizens who are accepted as from the EU member states are entitled to the same levels of health care services as to those given to the citizens of Albia,(Mei,2003) These citizens are only required to produce documents showing that they are registered citizens from the union member countries. Upon the provision of these documents, they are also required to register with the ministry of healthy of Albia upon their arrivals at the state hospitals or at the ministry of health offices.

Not only that but also citizens from European countries who are covered by social security schemes in their country have an advantage. They are supplied with European Health Insurance Card (EHIC) which enables them to receive medical services during their time in a member state. This card will be issued by the country of residence to the employees of Multistripe i.e. the UK government before their departure upon application. The card will be valid in United Kingdom and any other member states of the union. This card will afford the employees of multistripe to receive emergency medical care on the payment scheme as it is in UK.

Thus Marion should put worry aside on the healthcare of the employees. Under the UK’s NHS, Multistrpe employees will be granted the same medical services in both the private and government hospital in Albia. What is required of them is that the employees should apply for the European Health Insurance Card in UK. Upon arrival in Albia they should also register with the authorities in the ministry of health in order for them to be recognized as the beneficiaries of these medical services.

Since Albia is a member of the union, UK based employees will be treated the same way as the Albians’, (Mei, 2003). Their will be no discrimination on nationality of the citizens as the country has already signed a treaty against discrimination of citizenship. Thus Marion should be free for a post in Albia together with other employees as a threat of healthcare is already cared for by Albian country.

Conclusion

Since the times when the Rome treaty on the movement of people was formed, the European Union has become a reality in member countries. A lot of energies have been put into place to facilitate the adoption of regulation 1612/68 which is based on the freedom of movement of workers and their families. The Directive 68/360 is also concerned with the abolition of restriction on movements and residence for employees of member states and their families.

From the year 1968, the European the Union formed a court of justice that has facilitated the free movement of persons through its judgments,(Fresner,2010).  It has assisted in fighting against citizenship discrimination in EU member states. It has also improved the workers rights in the host countries. The Amsterdam treaty also integrated the Acquis of Schengn into European Union thereby boosting the freedom of movement of workers and their families in the European Union territories.

However, there are still obstacles that are impeding these movements. This obstacle includes professional qualifications, taxations and social security of member citizens. There are various legislations which are still been put into place to curtail the impacts of these obstacles, as future and  permanent solutions are sought out to facilitate the mobility of workers and their families.

Similarly, it’s equally important for the member states to make sure that information regarding the movements is available to its citizens for efficient mobility. Information based on opportunities of employment, working and living conditions in other member states should be made more accessible and available to EU citizens. This is because some of the barriers to efficient and free movements are not only on legal matters but also result from a lack of information about their rights in the foreign EU member states.

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