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Growing free labour mobility areas and trends in international migration The role of the regulatory framework for promoting labour mobility within the free zones Jackie Morin 15 November 2011. Definitions. Immigration : cross-border phenomenon: third country nationals entering EU

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Definitions

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  1. Growing free labour mobility areas and trends in international migrationThe role of the regulatory framework for promoting labour mobility within the free zonesJackie Morin15 November 2011

  2. Definitions • Immigration: cross-border phenomenon: third country nationals entering EU • Posting:(employed in on country but sent temporarily to another country to work there) refers to freedom to provide services • For internal movement of EU citizens: free movement of workers. One of pillars EU: legal competence to act at EU level since 1958. 2

  3. Free movement of workers • Right to work in any other EU Member State • Equal treatment • Prohibition of obstacles to free movement • Accompanying rights: • Coordination of social security for insured persons • Equal treatment • One applicable legislation • Aggregation of periods of insurance • Export of cash benefits • Right of residence (Directive 2004/38) • Recognition of professional qualifications (Directive 2005/36) • Safeguarding supplementary pension rights (Directive 98/49)

  4. Legal regimeWork mobility within the EU Up to 3 months No conditions Right of Residence + 5 years Permanent residence 3 months – 5 years Conditional Access to labour market Full access to labour market Equal treatment in working conditions Exceptions: Access to public sector Transitional measures Access to social security benefits Access to social security benefits for all ensured persons under the conditions of the Regulation 883/2004

  5. Rise of intra-EU mobility since 2004-07 enlargements : share of foreigners in EU-27 total population, by group of citizenship, 2003 and 2010 2.5% 1.6% Source : Eurostat population statistics and Eurostat Labour force survey

  6. Temporary stay A huge potential for internal mobility 38 % Living or working 28 % 10 % 2.5 % Would consider doing so in the future BUT15% would not because of too many obstacles and 53% because ‘not interested Having worked in another MS Having an EHIC Living in another Member State 6

  7. Territorial scope Since May 2011 EU25

  8. Transitional arrangements for RO & BGSituation November 2011 EU-2 National lawrestrictions(work permit) National lawfree access Free movement of workers

  9. Mobility Characteristics • Drivers • Employment perspectives (Polish in the UK) • Working conditions (Estonian in Finland) • Existing networks (Romanians in Spain and Italy) • Local environment (UK and DE pensioners in Spain) • Obstacles • Family, Language • Administrative burden • Access to information

  10. Example JOBSEEKERS I’m looking for a job in Germany, coming from Spain Access to employment Schemes Unemployment benefits exported for 3 months (possibly 6 months) Right to reside without formalities for 6 months

  11. Enforcement – awareness – future perspectives After 40 years, considerable progress but… Still low level of awareness on the rights linked to free movement of workers Cold attitude towards mobility (Is mobility a good thing for Europe : Yes 66%. Is mobility a good thing for you : Yes 33%). Perspective : mobility as a key factor of cohesion in the Euro area Need to work on enforceability of rights

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