Free movement of goods, workers (human capital), services and capital constitute as the fundamental elements of the European Community and the European Union (EU). The above elements play a major role in achieving the objectives of the European Union as mentioned in the Article 2 of the EC Treaty which states that "greater prosperity, sustainability and non-inflationary growth improves the standard of living and quality of life thus resulting in economic and social cohesion?.
[...] The free movement rules are complemented by other rules on social issues, regional policy, cohesion and other related matters. These Treaty Articles and existing secondary legislation together with European Court of Justice (ECJ) case law show that the free movement of workers or other persons is indeed to be promoted not just accepted. As the European Union prepares for the possible admission of 13 new members (Central and Eastern European countries, hereinafter referred to as CEEC) within three to five years, the possibility to enjoy the freedom of movement is presumably a key element in the considerations of new members on the issue of membership in the EU. [...]
[...] Movement of persons to the candidate States: a small issue The CEE applicants are inhabited by more than 106 million of people. They have become destination countries for migrants and workers of their neighbors. This situation has resulted from the application of the Schengen regime in front-line accession countries and from bilateral readmission agreements for citizens from the former Soviet Union, Asia and elsewhere. The Czech Republic, Hungary and Slovenia are net immigration countries, with immigration of foreigners from further East, other continents and EU members all on the increase, the latter category coming as a proof of growing economic interpenetration. [...]
[...] The Europe Agreement is the framework within which these countries are preparing for membership, it contains provisions regarding the free movement of persons and provides other benefits normally associated with full membership. Candidate must approximate their legislation to that of the EU, which provides levels of protection to workers by guaranteeing them equality of treatment in working conditions, remunerations and dismissal but not in social protection (because there is not basis for a unified system in this field). B. Economic and judicial market after the enlargement process As the EU enlarges, the range of common interests of the EU and its new neighbours will expand. [...]
[...] The fear of waves of migration in old Member States is not new: similar concerns were expressed but proved unfounded when Greece (1987), Spain and Portugal (1992) were admitted to the Union. At present, around 850,000 people from Central and Eastern European candidate countries are residing in the EU Member States. Of these, around 300,000 are permanently employed. This is only of the total EU workforce and of non-EU nationals working in the Union. According to some estimates, the actual number of workers from Central and Eastern Europe is twice as high as the official figure. [...]
[...] Poland alone registered more than ten million annual entries from the East. Most of this movement was income-oriented in the form of casual labour and petty trade. In term of number it is difficult to evaluate the percentage of population who will migrate but to facilitate settlement of persons, applicant countries will need to ensure that there are no provisions in their legislation which are in contrary to Community rules. Moreover, that all provisions relating to citizenship, residence or linguistic ability, are in full conformity with the “acquis communautaire” (recognized by the Copenhagen European Council in June 1993). [...]
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