Robert Schronk

The principle of free movement of persons is stipulated in the Treaty establishing the European Community along with the free movement of goods, freedom to provide services and free movement of capital. Free movement involves the abolition of any discrimination among employees/workers from Member States based on the nationality, as regards employment, wages and other working and employment conditions. Under reservation of reasonable derogations of the public order, public safety and protection of health (also as regards to employees of State/Civil service) the freedom of movement for persons involves the rights to apply for actual job offers, to migrate within territories of Member States in order to seek for a job, to stay in any of Members states in order to take and pursue an occupation in compliance with laws and other regulations, stipulating the employment of nationals of the respective state, to remain at the territory of the Member State after the termination of employment on terms regulated by implementing regulations by the European Commission.

The subject of this chapter is to analyse the legal regulations of the free movement of workers with regard to the findings of the Court of Justice of the European Communities. The legal regulation of free movement of workers within Member States of the European Union forms a basis of the EU labour law. As this legal regulation implies de iure as well as de facto the opening of the domestic labour market, its complete harmonisation with EU legal regulations shall come into consideration only during the final phase of the harmonisation or upon the date of accession into the Union. The significant part of the legal regulation does not require its transposition into the law of the Slovak Republic, because it comprises sources coming directly into effect (regulations).