Plans to restrict new members’ workers denounced as unjust

By Martin Banks

Date: 26/02/04

MOVES to curb the ability of workers from new member states to take advantage of their EU citizenship and seek jobs in another country of the Union were this week branded "unfair and unjust". The restrictions, which come in response to fears of a huge influx of workers to the present EU states after 1 May, have been staunchly attacked by accession states' politicians.

The European Commission announced it would check whether bans introduced by member states were in line with EU law.

Although initially several EU states pledged to open their labour market to new countries' workers, all of them made a U-turn in recent days, following popular concerns and media pressure.

On Monday (23 February), the UK announced it would impose restrictions, under which people from accession states will have to register for jobs. Migrants without work will be banned from most benefits for at least two years but those with jobs will be able to get some state help. Workers will be able to claim benefits, such as jobseeker's allowance, only if they have worked continuously in Britain for at least a year.

The UK announcement was followed shortly by Ireland's - the country stated it plans to limit access to its benefits system.

Ireland's Social Affairs Minister Mary Coughlan said the move had been forced by the action of all the other member states.

Commission President Romano Prodi expressed his concern at the restrictions that were being announced. The most important question, according to Commission officials, is if arrangements that deny workers from eastern Europe benefits while granting them to others are discriminatory. Only citizens from Malta and Cyprus are exempt from the new rules.

Slovakia's Foreign Minister Eduard Kukan led a chorus of criticism of the restrictions, describing them as "unfair and unjust". "When negotiations took place in 2001, many EU members insisted they would not introduce restrictions and that our citizens could work in these countries after May," he said.

A spokesman for the Hungarian foreign ministry described them as a "backward step". Margot Wallström, who is the acting employment and social affairs commissioner, has called on member states to "come clean" about what their exact plans are.

"There needs to be more transparency on this issue and we are asking member states to give us the information," a spokesman said. Although all EU citizens in theory have the right to live, work and claim benefit in any member country, existing members are allowed to limit employment rights for residents of accession states for up to seven years, under the terms of a harshly negotiated deal. Member states, however, are going to apply varied restrictions for different periods of time:

• Germany and Austria are set to keep restrictions for the full seven years. Only people with work permits will be allowed to seek employment;
• Belgium and Finland will only allow those with work permits the right to jobs, for two years;
• In France, work permits will be needed for two years. Immigrants who obtain a work permit will have the same access to social benefits as French citizens;
• Greece plans to apply restrictions for two years. The new government after the 7 March elections is set to announce if restrictions will be prolonged;
• Ireland will announce changes to its social security system to "prevent abuse" by newcomers;
• Italy hasn't announced its decision yet;
• Luxembourg will apply restrictions for two years;
• The Netherlands, Denmark and Sweden initially pledged to let newcomers work freely in their countries but made U-turn recently. The Hague announced quotas of 22,000 workers in the first year, but is likely to revise the figure down. Sweden will apply benefits restrictions and Denmark refuses the right to benefits but will give residence and work permits to immigrants if they find a job within six months;
• Portugal: will apply restrictions of up to two years. It offers 6,500 work permits yearly to applicants of all nationalities, and;
• Spain will close its labour market for two years. Bilateral agreements with Poland are possible.

Feature looks at plans by existing EU Member States to restrict free movement of workers and others from the new applicant states from Central and Eastern Europe after 1 May 2004. Feature also discusses the criticism of these moves by the European Commission and political leaders in CEE countries.