The Study On Eu Worker Nationality Discrimination In Free Movement

As an EU citizen,free movement rights means working and living in another EU country and having the same social and tax advantages as their own nationals.Being free from nationality discrimination is not only the basic rights for workers,but also fundamental rights for human beings.For EU,it is necessary to strengthen theoretical and empirical research to figure out corresponding solutions to ensure workers' equal treatment in free movement.Based on EU's legislative framework and legal cases of the free movement of workers and nationality discrimination,this thesis raises three questions.To begin with,the question starts from the concept of "worker" and this paper supplements current concept.Then,focusing on employment performance,relationship of subordination and remuneration,this thesis clarifies the threshold of “genuine and effective” work,the role of labor contracts in employment relationship and establishes specific provisions for unpaid jobs.Second,after representing forms of nationality discrimination,this thesis analyzes the encroachment caused by discrimination on grounds of nationality and argues that considering the “effect” of discrimination,specific measures should be implemented to eliminate nationality discrimination,especially indirect discrimination.Third,observing the relation between nationality discrimination and other types of discrimination,there emerges multiple discrimination problem which could be prohibited by establishing corresponding directives.In last chapter,from an political and legal standpoint,this paper analyzes the fundamental reason beneath nationality discrimination in free movement of workers while they are EU citizens.The answer stems from three aspects.First,EU's huge political system makes it difficult to achieve equality in citizenship;second,reverse discrimination exacerbates Member States' nationality discrimination of labor mobility;third,EU citizenship is actually derived from Member States' nationality.However,this problem could be alleviated by “appropriate” welfare system and workers' political participation.At the end of the paper,facing realistic problem,workers' professional recognition,working opportunity and the accumulation of human capital should be strengthened to help them to be integrated into EU society in the process of free movement.