Graduation

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  • This will be the overview of my presentation. First I will give you an introduction about the topic covered by my thesis. Then I will elaborate on the definition of workers and family members. Who is a worker? And who are his or her family members? Then I will discuss law on the rights of EU Citizens, TCNs and family members of both groups Then the practice on the rights will be discussed The key question is: Are EU Citizens in a better position than TCNs with regard to employment in the European Union And with regard to the right to family reunification in the European Union (two way traffic right) Finally I will come to a conclusion with regard to this question.
  • EU Citizens are nationals of any of the Member States of the European Union
  • On this slide you see the action required. Thus when an EU Citizen moves to another MS to work there, He or she has the right to be joined by the following family members: The spouse, the children under 21, dependants, dependent parents When a TCN moves to a MS to work there, the following categories of family members have an automatic right to family reunification. His or her spouse and the under age children.
  • Graduation

    1. 1. Nationality and Movement; as co-decisors of workers’ and their family members’ rights in the European Union By Šejla Trnačević
    2. 2. Overview <ul><li>Introduction </li></ul><ul><li>Workers </li></ul><ul><li>Law and Practice on rights: EU Citizens and Third Country Nationals </li></ul><ul><li>Family Members </li></ul><ul><li>Law and Practice on right to family reunification </li></ul><ul><li>Conclusion </li></ul><ul><ul><li>Note: Leading question: Are EU Citizens in a better position than TCNs with regard to: </li></ul></ul><ul><ul><li>Employment in European Union </li></ul></ul><ul><ul><li>Family Reunification in European Union </li></ul></ul>
    3. 3. Introduction EU Citizens Third Country Nationals Comparison position Family Members of both groups Comparison 2 Groups Workers in the European Union
    4. 4. Workers <ul><li>Free movement of workers law applies to: </li></ul><ul><ul><li>EU Citizen (National of a MS of EU) </li></ul></ul><ul><ul><li>Movement to another MS (situations internal to a MS not covered) </li></ul></ul><ul><ul><li>Worker </li></ul></ul><ul><ul><ul><li>Art. 45 TFEU </li></ul></ul></ul><ul><li>Worker: there must be an employment relationship: </li></ul><ul><ul><li>Individual must perform activities </li></ul></ul><ul><ul><li>For a certain period of time </li></ul></ul><ul><ul><li>For and under supervision of someone else </li></ul></ul><ul><ul><li>For remuneration </li></ul></ul><ul><ul><ul><li>ECJ: Lawrie Blum case </li></ul></ul></ul><ul><li>Dir 2009/50/EC applies to: </li></ul><ul><ul><li>Third Country National </li></ul></ul><ul><ul><li>Only for: Highly qualified employee </li></ul></ul><ul><ul><li>Comply with conditions of Dir </li></ul></ul><ul><ul><li>Apply to a MS for an EU Blue Card </li></ul></ul><ul><li>Worker: same conditions apply to TCNs: highly qualified employee </li></ul><ul><ul><ul><li>Art. 2 (b) and Art. 5 (1a) Dir 2009/50/EC </li></ul></ul></ul>
    5. 5. Law and Practice on rights of EU Citizen and Third Country National workers <ul><li>After 5 years: </li></ul><ul><li>Comparable treatment with nationals </li></ul><ul><li>Right to move: subjected to conditions </li></ul>After 5 years: all rights except 2: voting for National Parliament and Job in public services Equal treatment with own MS nationals - Only with regard to: working conditions <ul><li>Equal treatment with nationals of host MS in/on: </li></ul><ul><li>Access of employment </li></ul><ul><li>Terms of employment </li></ul><ul><li>No right to enter. Admission regulated per MS. </li></ul><ul><li>Only for: highly qualified employees common standards, but: MS discretion to grant the right of entry! </li></ul>Right to move and reside in any MS for 3 months TCNs -> Directives based on Art. 79 TFEU Dir 2009/50/EC and Dir 2003/109/EC EU Citizens -> Art. 45 TFEU Reg 1612/68 and Dir 2004/38/EC Unknown: Dir 2009/50/EC: MSs have time to implement it, Dir 2003/109/EC: Report not published Member States broadening restrictions to free movement of EU Citizens
    6. 6. Family Members German national Netherlands Worker Automatic right to family reunification: Spouse, children < 21, dependants, Dependent parents (Art. 2 Dir 2004/38/EC) Bosnian national Netherlands Worker Automatic right to family reunification: Spouse, under age children (Art. 4 (1) Dir 2003/86/EC
    7. 7. Law and Practice on Right to Family Reunification <ul><li>EU Migrant Citizen </li></ul><ul><li>Right to be joined by family members irrespective of their nationality </li></ul><ul><ul><li>When? Immediately; family members may move together or join EU worker later </li></ul></ul><ul><ul><li>Family members get: </li></ul></ul><ul><ul><li>Right of entry and residence </li></ul></ul><ul><ul><li>Right to equal treatment </li></ul></ul><ul><li>Third Country National Immigrant </li></ul><ul><li>Right to be joined by third country national family members </li></ul><ul><ul><li>When? TCN (sponsor) must have: residence permit for at least 1 year + reasonable chance for permanent residence </li></ul></ul><ul><ul><li>Family members get: </li></ul></ul><ul><ul><li>Right of entry and residence </li></ul></ul>Member States have interpreted derogations provided for by Dir 2003/86/EC broadly Member States have implemented Dir 2004/38/EC incorrectly. Family members with third country nationality experience more difficulties to join EU Worker
    8. 8. Conclusion <ul><li>European law gives EU Citizens and their family members exclusive and far reaching rights, but in practice these rights are not always respected by the Member States </li></ul><ul><ul><li>Free movement of workers is impeded </li></ul></ul><ul><ul><li>Third Country National family members face more difficulties than family members with an EU Citizenship, to join the EU migrant worker </li></ul></ul><ul><li>European law has not improved the position of TCN worker or his/hers family members </li></ul><ul><ul><li>Secondary legislation is more framework legislation </li></ul></ul><ul><ul><li>European law led to a worse position of the family members </li></ul></ul><ul><li>Thus: EU Citizens are in a better position than TCNs when it comes to employment and the right to family reunification in European Union. </li></ul>
    9. 9. Thank you for your attention Questions?

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