Regulating the right of establishment for Accession State nationals: reinforcing the ‘buffer zone’ or improving labour market flexibility

Abstract:

In the ongoing process of enlargement, the Chapter relating to the free movement of persons, workers and establishment is proving to be particularly problematic for all the negotiating parties. The three occasions considered in this note, which concerned the right of establishment under the Europe Agreements demonstrate that even for the Court, which traditionally has been integrationist in its outlook, there is an acceptance that the Europe Agreements should not be considered as a substitute for accession and thereby provide rights which are enforceable to the same extent as those contained in Article 43 EC. The purpose of this article is to examine, not only the significance of these judgments with regard to Accession State nationals and the right of establishment, but also what they tell us about the development of labour market flexibility and mobility in an enlarged EU.