Belgium faces legal action over worker mobility

Date: 14/03/02

By Martin Banks

THE European Commission has taken the first steps towards legal action against a member state over the issue of workers' mobility.

It follows the case of an unnamed Irish citizen, working in Brussels, who was served with a police order to leave Belgium on 7 January. The man's only offence was that he had forgotten to return an attestation patronale (proof of employment) form to his local commune. Although the matter has since been resolved, Irish Green MEP Patricia McKenna says it raises 'serious' questions about Belgium's commitment to the principle of free movement of workers.

She wrote to António Vitorino, the commissioner for justice and home affairs, to highlight the case. In his reply, Vitorino says the Commission has sent the Belgian authorities a 'reasoned opinion', which is the first step of a legal process which could eventually go to the European Court of Justice.

Vitorino states: 'Workers who are citizens of the Union have the right to reside in the member state where they work, a right which is conferred on them directly by the EC Treaty.

'The free movement of Union citizens within the Union is not an absolute but a conditional right. But the mere failure to complete the legal formalities concerning the residence of aliens - in this case, presentation of proof of employment - does not justify a decision ordering expulsion.'

He said Belgium was the only member state to allow police to serve an expulsion order where an EU citizen had failed to provide supporting documents to establish right of residence.

The European Commission has taken the first steps towards legal action against a Member State over the issue of workers' mobility.