Project Description: For now I am doing LLM in European
Legal Studies in the University of Exeter. As I come from one
of the Baltic States (namely, the Latvian Republic) which made
an application for the membership in the European Union, the problems
of the Baltic region are of great importance for me. Free movement
of workers is a big issue in the Union, but what will bring the
accession of 10 new countries? In my dissertation leading to the
LLM (supervisor - professor L Betten, University of Exeter) I
intend to make some prognoses with regard which changes will bring
the accession of the States of the Baltic region in the field
of free movement of workers in the European Union. The social
policy questions always were a particular interest of mine - adjustment
of Latvian social legislation to the EC requirements was the theme
of my bachelor dissertation in the University of Latvia, during
my work in the European Integration Bureau of Latvia I dealt mainly
with approximation of Latvian legislatio! ! ! n to the EC acquis,
my LLM dissertation and, hopefully, PhD I am going to dedicate
to these issues as well. The organisations involved are the European
Integration Bureau of Latvia and Ministry of Welfare of the Republic
of Latvia.
While the situation is more or less clear on entry requirements
for the Baltic States' nationals, the questions remain unclear
on rights of residence and access to legal employment within
the EU and the rights to equality of treatment for legally resident
third country nationals in matters of employment conditions
and social security. One of the aims of the Association Agreements
concluded in the middle of 90's is to provide a basis for economic,
financial, cultural and social Cupertino, but among scholars
the provisions of these Agreements as regards the requirements
listed above, are admitted as weak ; none of the agreements
grant to the third country nationals either a directly effective
right of entry into the EU or residence rights and work permits.
Some of these agreements only grant third country nationals
free access to employment and most are limited to questions
of equality of treatment in relation to conditions of work,
remuneration or dismissal and social security.! ! ! Moreover,
the possibility of social and cultural integration of migrants
(including assimilating their rights with those of Member States
citizens) and rights to continued residency have to be examined.
One of the general principles of Community law, free movement
of persons, is contained in Article 48 of the EC Treaty (Art.39
of the ToA). Does this principle expand to CEE nationals or
not? The different debates do not give us a clear answer. As
Peers writes: 'Article 48 EC refers to 'free movement of workers'
not 'free movement of EU citizens', but the Court has explicitly
confirmed the view that the Article… covers EU citizens only'
. The admittance of the fact that this principle works with
regard to the third country nationals should lead to the necessity
to allow them to move freely within the EU, to reside there,
to seek a job, and, consequently, the right to ask for different
social security benefits.
Another fundamental Community principle recognised by the European
Court of Justice is the equality principle. Summing these principles
together can we make a conclusion that the position of third
country nationals must be examined in the light of both of them?
The key question remains: shall the right of free movement
of workers be applicable to third country nationals, among them,
to the nationals of the Baltic region States. Shall their position
on EC labour market be put on the same footing with EC nationals'
position?
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