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Free Movement of Workers: Professionals as a Particular Problem

Williams, Danielle (2009)
Department of Law
Abstract
The European Union boasts free movement of workers as one of its fundamental freedoms for all citizens. However, this freedom does not exist free from controversy or challenging issues. Professional workers raise unique problems when considering the exercise of this freedom. Member States in which the professionals wish to practice are reasonably concerned with assuring that the professionals practicing within its borders are qualified up to the desirous standard. At the same time, it is only fair to give professionals the recognition due for their qualifications, allowing them to exercise their fundamental freedom as a European Union citizen. The law in this area has evolved over time, and the current legal approach is dual in nature,... (More)
The European Union boasts free movement of workers as one of its fundamental freedoms for all citizens. However, this freedom does not exist free from controversy or challenging issues. Professional workers raise unique problems when considering the exercise of this freedom. Member States in which the professionals wish to practice are reasonably concerned with assuring that the professionals practicing within its borders are qualified up to the desirous standard. At the same time, it is only fair to give professionals the recognition due for their qualifications, allowing them to exercise their fundamental freedom as a European Union citizen. The law in this area has evolved over time, and the current legal approach is dual in nature, applying sectoral or general governance, depending on the profession. The once piecemeal legislation supporting the sectoral approach was recently consolidated into Directive 2005/36/EC. The establishment of this Directive was a great stride towards improving the system, but there still remains room for development. The prevailing principles in the general approach are supported by case law, and provide the professional due process guarantees of a transparent system with a judicial remedy. The case law underlying the current legal approach is illustrative of the principles that exist in the current state of the law. A historical review of cases demonstrates the fine-tuning of such principles, which are summarized in Hugo Fernando Hocsman v. Ministre de l'Emploi et de la Solidarité, Case C-238. This case asserts the proper procedure for qualification review, requiring the statement of reasons related to a decision and the existence of judicial remedy. Free movement of workers, and professionals specifically, has resulted in economic, political and cultural concerns among European Union citizens. Such concerns are counterbalanced by the potential benefits elicited by free movement of workers. Nevertheless, the existing concerns and benefits remains a topic of colorful discussion amongst the European Community. Discussions pertaining to concerns and benefits are also applicable internationally, and will likely be a topic of increased debate as the trend of globalization persists. (Less)
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author
Williams, Danielle
supervisor
organization
year
type
H2 - Master's Degree (Two Years)
subject
keywords
European Business Law
language
English
id
1555357
date added to LUP
2010-03-08 15:23:27
date last changed
2010-03-08 15:23:27
@misc{1555357,
  abstract     = {The European Union boasts free movement of workers as one of its fundamental freedoms for all citizens. However, this freedom does not exist free from controversy or challenging issues. Professional workers raise unique problems when considering the exercise of this freedom. Member States in which the professionals wish to practice are reasonably concerned with assuring that the professionals practicing within its borders are qualified up to the desirous standard. At the same time, it is only fair to give professionals the recognition due for their qualifications, allowing them to exercise their fundamental freedom as a European Union citizen. The law in this area has evolved over time, and the current legal approach is dual in nature, applying sectoral or general governance, depending on the profession. The once piecemeal legislation supporting the sectoral approach was recently consolidated into Directive 2005/36/EC. The establishment of this Directive was a great stride towards improving the system, but there still remains room for development. The prevailing principles in the general approach are supported by case law, and provide the professional due process guarantees of a transparent system with a judicial remedy. The case law underlying the current legal approach is illustrative of the principles that exist in the current state of the law. A historical review of cases demonstrates the fine-tuning of such principles, which are summarized in Hugo Fernando Hocsman v. Ministre de l'Emploi et de la Solidarité, Case C-238. This case asserts the proper procedure for qualification review, requiring the statement of reasons related to a decision and the existence of judicial remedy. Free movement of workers, and professionals specifically, has resulted in economic, political and cultural concerns among European Union citizens. Such concerns are counterbalanced by the potential benefits elicited by free movement of workers. Nevertheless, the existing concerns and benefits remains a topic of colorful discussion amongst the European Community. Discussions pertaining to concerns and benefits are also applicable internationally, and will likely be a topic of increased debate as the trend of globalization persists.},
  author       = {Williams, Danielle},
  keyword      = {European Business Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Free Movement of Workers: Professionals as a Particular Problem},
  year         = {2009},
}