Free Movement of Workers – Myth or Reality?

The deployment of third country nationals by service providers across Europe is significantly complicated by individual member states’ visa and work permit requirements. The Vander Elst decision of the European Court of Justice sought to simplify matters, theoretically entitling third country nationals to work cross-border unencumbered by administrative obstacles. In practice, however, the landscape remains confused, with many member states either failing to recognise the ECJ decision, or implementing it inconsistently. Service providers must keep their wits about them if they are to avoid breaking the law. This article looks at existing immigration policy within the EU which can act as a barrier to mobility in Europe and suggests an approach which can be used to overcome this challenge.

In: Migrantenrecht, tijdschrift voor vreemdelingenrecht, augustus 2001, 8/03