| Author (Person) | Davies, Eric | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Publisher | ProQuest Information and Learning | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Series Title | In Focus | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Series Details | 16.2.04 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Publication Date | 16/02/2004 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Content Type | News, Overview, Topic Guide | In Focus | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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From 1 May 2004, EU legislation on free movement will allow workers from the 10 new Member States to legally seek employment throughout the 25-member Union. Fears that existing Member States' labour markets might be overrun by workers migrating from the new countries led to agreement that the Accession Treaty should include the provision of a 'transitional period', during which the EU-15 will be allowed to restrict access to jobs in their territories. Access to jobs is only aspect of the free movement issue. At least as much concern is raised by the possibility of migrant workers seeking to benefit from existing Member States' social protection systems. Despite the EU-15 apparently supporting both enlargement and free movement, only Ireland has so far resisted pressure to apply discriminatory rules to the newcomers. Background From 1 May 2004 'freedom of movement' legislation will allow citizens of the new Member States to travel to the existing EU-15 to study or seek employment. Fears of job markets and welfare services being swamped by millions of people looking for a better life have caused the current Member States to implement restrictive measures. The 'millions' of economic migrants expected is likely to be a gross overestimate, with the figure inflated by those opposed to immigration and asylum (the two distinct issues being much linked in the popular media). A report produced for the European Commission estimated that the number of immigrants from the Central and Eastern European Countries (CEECs) living in the EU-15 in 1998 was about 840,000, rising to a million by 2001/2002, of which some 400,000 were in employment (see: Potential Migration from Central and Eastern Europe into the EU-15 - An Update). In Consequences of European Union enlargement for freedom of movement between Council of Europe member states, the Political Affairs Committee of the Council of Europe's Parliamentary Assembly argues that 'The restrictive measures on the EU's part are the outcome of many and varied fears. All too often, however, these fears are unfounded and are more the stuff of myth than of reality. They should therefore be exposed for what they are, for the eventuality of new dividing lines appearing in Europe corresponds to a doomsday scenario of European integration.' The Committee quotes evidence that 'migration flows from the countries of Central and Eastern Europe to Western Europe will remain limited', at 0.1% of the current EU population per year initially (335,000 people), rising to about 1.1% after 30 years. In a Resolution on Economic aspects of European Union enlargement: the crucial years ahead, the Council's Parliamentary Assembly stated: 'Special attention has to be given to tackling persisting fears among some Europeans that labour migration could have a destabilising effect in the enlarged EU by causing an influx of workers into the wealthier countries of western Europe, where wages and salaries are relatively higher, and a “brain drain” of high-skilled labour from the accession countries.' Nevertheless, leaders of the EU-15 were so concerned that the relative wealth of their countries would prove irresistible to millions of people from the CEECs - who would take 'western' jobs and abuse welfare systems - that they insisted the Accession Treaty should allow 'defensive' measures to be introduced. Eight of the 10 Acceding States are therefore subject to 'transitional arrangements' set out in the Accession Treaty: Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia. Because of their relative prosperity and small numbers, citizens of Cyprus and Malta are not considered such a threat to jobs or welfare systems and will not face employment restrictions (indeed Malta will be able to restrict access to its labour market). The key dates in the transitional process are: 2004 - from 1 May, citizens of the new Member States will be able to seek work in the EU-15. However, in most - if not all - of the 15 countries, job-seekers will be subject to new national rules (there will be no restrictions on people setting themselves up as self-employed persons). A Member State cannot make access to its labour market more restrictive than it was in April 2003 (when the Accession Treaty was signed), but are not officially required to give details of the restrictions they intend to apply for the first two years of the transitional period. Job seekers from the new Member States will be able to claim unemployment benefit in their own country and receive it where they are seeking work. (Citizens from the existing Member States will equally be able to pursue educational or employment opportunities in the new countries; there will be no general limitation on their freedom to work in the new Member States, but individual countries might decide to introduce restrictions equivalent to those placed on their nationals by a particular member of the EU-15). 2006 - until May that year, access to EU-15 labour markets will depend on national policies and on any bilateral agreements between specific countries. In the middle of the year, the European Commission is scheduled to present the Council of Ministers with a review of the transitional arrangements. During 2006, members of the EU-15 will have to tell the Commission whether they intend, for the next three years (until mid-2009), to allow free movement of workers or to maintain restrictions. 2009 - any members of the EU-15 who experience 'demonstrably serious disturbances' to the labour market (or who believe they will do) can apply to the Commission for authorisation to continue restrictive measures for up to two more years. 2011 - from the middle of the year, workers from new Member States will finally enjoy complete freedom of movement. During the seven-year transitional period, any member of the EU-15 which introduces but then removes labour market restrictions can ask for them to be re-instated to help combat a seriously deteriorating employment situation. However, it will be the European Commission, not the Member State, which will decide what sort of new restrictions should be imposed and for how long. Members of the EU-15 have taken different positions on this issue. Germany is currently the Member State most favoured by emigrants from the CEECs, and was always in favour of introducing restrictions, which it has said could well stay in place for the seven year maximum allowed under the Treaty. Germany's actions are not necessarily welcomed: in an article on the situation in Frankfurt an der Oder in eastern Germany and its Polish neighbour Slubice, the Financial Times highlighted concerns that an employment ban will simply encourage German companies to employ Poles illegally (see: Other countries initially supported free movement, but as RFE/RL put it: 'some idealistic impulses ... are beginning to wilt under the weight of impending reality' (see: EU: States Uneasy Over Migration As Eastern Accession Draws Near). Two of those whose ideals have faltered are The Netherlands and Sweden. The Netherlands fears that restrictions applied by Austria and Germany will simply push migrants in its direction, leading to greater numbers of people - especially Poles - seeking work in The Netherlands (see: Law on promotion of minority employment to be scrapped). Sweden has found itself in a similar position, with neighbouring Denmark and Finland proposing restrictions, thus potentially making Sweden a more attractive destination for job-seekers than it would otherwise be. RFE/RL quoted Swedish Prime Minister Göran Persson as saying that he 'expects “enormous problems” unless Sweden protects itself from uncontrolled immigration from its new EU neighbors' (see: EU: States Uneasy Over Migration As Eastern Accession Draws Near). The measures proposed by Denmark are typical of those taken by individual countries in the EU-15. The Danes will permit people from the new Member States to seek and take up work from 1 May, but will issue work and residence permits only to individuals with a full-time job, on pay and conditions equivalent to those laid down in collective agreements, and for as long as they have the job (if they lose it they must go back to their own country). Permits will not be available for part-time work, job-seekers from the new Member States will not be eligible for social benefits, and specific employment sectors or regions of the country can be closed to newcomers if Danish livelihoods are threatened. The Danes expect jobs in agriculture and construction to be most popular with immigrants (see: Transitional scheme agreed for workers from central and eastern Europe). Norway's membership of the European Economic Area (EEA) means that the Union's free movement legislation will also apply there. Government proposals - to be presented before Easter - would improve access to the Norwegian labour market for workers from the new Member States, but the necessary work permits would only be issued to people with full-time jobs working under normal conditions and at standard rates of pay. No sectors or types of jobs would be barred to immigrants. The rules would not apply to citizens of Cyprus or Malta (see: The EEA enlargement and transitional rules and Union demands transitional arrangements for free movement of workers from new EU Member States) Much attention has focused on an apparent change in policy on the part of the UK Government, which until early 2004 appeared to favour unrestricted access to its labour market for workers from the CEECs. It appears that the UK will still allow free movement, but will tighten up the rules on claiming welfare benefits. Whilst the Financial Times acknowledged that 'there are real concerns about benefit abuse', it said that Tony Blair 'must not break his promise to open the UK's labour market to workers from the states joining the European Union on May 1. The prime minister should resist the anti-immigration lobby, with its dire warnings of floods of social security scroungers'. The FT also argued that the EU-15 need immigrant workers: 'The efficient deployment of eastern Europe's workers will ease labour shortages and boost economic growth.' Above all, it argued, 'East Europeans, who suffered under communism for more than 40 years, deserve a better welcome' (see It does seem that the UK will try to maintain an open labour market, if only because, in the words of Home Secretary David Blunkett, parts of the country are 'crying out for labour' (see Financial Times: 12.02.04: Immigration is, however, a sensitive issue in the UK, with considerable public concern having been raised over illegal immigration and asylum. Whether the Government can now help people distinguish between job seekers who have entered the country legally, and those who have arrived illegally, remains to be seen. As the BBC put it: 'The question is ... whether or not economic migration has become too tied in the public mind to the complicated world of asylum' (see: Analysis: The great migration question). Fear that the UK might be targeted by Roma from the Slovak Republic was dismissed by the Slovak Prime Minister, Mikulas Dzurinda, who told the Financial Times there will be no 'mass migration of ... Roma (gypsies) into the UK'. Nevertheless, the British Embassy in the Slovak Republic has started a promotional campaign intended to make it clear that only job seekers will be welcome in the UK (see: By mid-February, Ireland was the only member of the EU-15 to have declared it would not be introducing transitional measures. Further information within European Sources Online European Sources Online: Financial Times
Further information can be seen in these external links: EU Institutions European Commission DG Press and Communication
DG Employment and Social Affairs
DG Enlargement
European Industrial Relations Observatory On-line Government and intergovernmental bodies Council of Europe
Norway: Ministry of Local Government and Regional Development
United Kingdom: Number 10
Media organisations BBC News Online
Radio Free Europe / Radio Liberty
Eric Davies Background and reporting on the week's main stories in the European Union and the wider Europe. |
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| Subject Categories | Internal Markets, Justice and Home Affairs | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Countries / Regions | Eastern Europe | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
