Home > General Politics > What the Lisbon Treaty actually says on freedom of movement within the EU

What the Lisbon Treaty actually says on freedom of movement within the EU

This morning I tweeted in response to some passing comment or other about the UK having to leave the EU if it wanted to stop immigration from within the EU:

Those arguing that EU law would never permit EU restrictions on intra-EU migration have, I would suggest, not read EU law.

Daniel Knowles of the Telegraph had the temerity not to go off and read EU law at my implicit instruction, for just an hour or later he was getting the same thing wrong:

Without leaving EU, or depriving children of British expats of passports, there’s v little you can do.

This is what Article 45 of the Lisbon Treaty actually says (my emphasis)

1. Freedom of movement for workers shall be secured within the Union.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:

(a) to accept offers of employment actually made;

(b) to move freely within the territory of Member States for this purpose;

(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;

(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.

Now that the taboo has been broken, with the unilateral European Council decision on the Schengen agreement taken on 7th June (to the ineffectual anger of the European Parliament), I would expect (though not welcome) this restriction on movement to become much more commonly used.

There will be much to play for in the European parliament elections, as the left seeks to build a parliamentary force capable of standing up against the Council and in favour of one of the basic pillars of the EU.



Categories: General Politics
  1. June 22, 2012 at 3:31 pm

    I am afraid I perpetrated the same error only a couple of hours ago in a Labour list comment – so thanks for pointing this out.

  1. August 14, 2012 at 10:19 am
  2. November 23, 2012 at 1:13 pm
  3. January 14, 2013 at 5:28 pm

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