Právo na voľný pohyb pracovníkov versus prekážky voľného pohybu pracovníkov
Free Movement of Workers

Summary/Abstract: A basic economic freedom ensures the free movement of goods, mobility of workers, freedom of establishment, right to provide services and free movement of capital. The author examines the legal nature of that economic freedom and also subjective workers’ rights, the substantive and personal scope projected not only into the primary sources of EU law as well as secondary sources of EU law. In the study, the author analyzes the problem of free movement of workers in the light of the numerous decisions of the Court of Justice of the EU. Analysis of the problem of free movement of workers is carried out with reference to the real difficulties employers in application practice with which they are confronted daily basis at work involved workers from the EU. Employers should, in this context, welcomed the reduction of administrative burden of social security rights when choosing the applicable legislation. Lack of knowledge of these rules is relatively high real obstacle to the free movement of workers within the European Union and the employer at high financial penalties for non-compliance. A focus of the author is in particular the principle of equal treatment regard to nationality and legitimate exceptions to the principle of equal treatment and the necessity of its restrictive legal interpretation. In relatively large part of the study author analyses new forms of legal requirements for the free movement of workers arising from the Regulations 492/2011/EC.

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