CYIL Vol. 7, 2016

SOLANGE MASLOWSKI CYIL 7 ȍ2016Ȏ rights. So Article 34 of the Charter of Fundamental Rights states that everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national law and practices. Nevertheless, the scope of the impact of this fundamental text is limited by the fact it does not apply to the United Kingdom and in a limited way to Poland and the Czech Republic and it addresses the Member States only when they are implementing Union law (Article 51 of the Charter). 1.2 Secondary legislation The principle of equality of treatment of workers has been incorporated also in secondary legislation since the beginning of the European project. Indeed, Regulation 15 of 1961 8 has a specific chapter on equality of treatment (Chapter 3) that gives equality of treatment to workers on the move concerning employment, in particular remuneration, dismissal and membership in a trade union. The principle of equality of treatment in fact follows the development of freedom of movement of persons and will enlarge progressively as far as its personal and material scope are concerned. Regarding its personal scope, it will extend progressively to other categories of persons, like the family members of the workers 9 and former workers who have lost their jobs in the host Member State. 10 So Regulation 38/64 (Article 21) and Regulation 1612/68 (Article 12) confer equal treatment to children of migrant or frontier workers as regards admission to courses of general education. It will also extend its material scope with the adoption of Regulation 1612/68 conferring equal treatment to workers in the matter of social and tax advantages and the same entitlement to access training in vocational school. The first secondary legislations dealing with economically inactive Union citizens on the move did not confer unconditional rights of residence and of equality of treatment to economically inactive Union citizens on the move. Directives 364/90 and 365/90 on residence rights of economically inactive Union citizens 11 made access to social benefits conditional on the possession of sufficient financial 8 See Council Directive of 16 August 1961 2 on administrative procedures and practices governing the entry into and employment and residence in a Member State of workers and their families from other Member States of the Community. 9 See Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, repealed by Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union Text with EEA relevance, OJ L 141, 27. 5. 2011. 10 See Council Directive 360/68 on the Abolition of Restrictions on Movement and Residence. 11 See Council Directive 90/364/EEC of 28 June 1990 on the right of residence and Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity.


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