Prawne aspekty dotyczące swobody przemieszczania się pracowników w Unii Europejskiej

Abstract

The chapter undertakes to analyze the notion of “migrant worker” as used in the EU law. The scope of the term is discussed on the basis of the legislation and the caselaw of the Court of Justice of the EU. As a result of the case-law, a gradual widening of the scope of the term “migrant worker” may be observed. However, this wider understanding of the term often faces challenges and obstacles from the national legislation of the EU Member States, which not only elaborate more strict definitions of the term but also provide restrictions for the application of the EU definition of the term. The future development of the legal doctrine should focus on the barriers and obstacles that impede the freedom of movement of workers. This is suggested also in the current European studies on the subject.