Free movement of workers within European Union

Free movement is one of the fundemental policies of the European Union. Free movement covers free movement of goods, capital, services and workers. The subject of my thesis is the free movement of workers.The free movement doesn`t only mean that a citizen of a member country is able to work in another country. In addition to this, free movement also includes the rights of inhabitancy, social security, trade union, education and training and like these.Workers from the European countries had the right of working wherever they wanted until 1914. After the World War I, some restrictions have been brought in the field of free movement of workers. For this reason, some decisions which would lead to the minimum level have been put into use in Leads, Bern and Paris Conferences. European Coal and Steel Community and European Atomic Energy Community which came into existence and were in an effort of being union after World War II admitted the free movement of workers even if it was limited to their sectors. Nowadays free movement of every kind of workers, without separating them as they are working in coal, steel and atomic energy, has been put in order in the 39?42 articles of The Treaty Establishing the European Community.The Treaty Establishing the European Community has put in order the free movement of workers with clear statutes and several regulations and directives have been deduced with the aim of showing the areas of application by The Council of Europe.Regulations relating to the free movement of workers have been put into use with Single European Act, European Charter, Schengen Agreement, Treaty of Maastricht on European Union, Treaty of Amsterdam.Certain numbers of restrictions have been brought to the right of free movement with 39/3 and 46/1 articles of Treaty Establishing the European Community. According to the result which has been brought out from these articles, free movement of workers can be restricted with the reason of public order, public security, public health and public sector. However any of a member country must not abuse these restrictions with the aim of preventing to use these rights which free movement gives a citizen of another member country itself.Regulation of 1612/68 has taken into account whoever has been admitted as a worker family, The family of the worker has the right of working, education, social securityin certain conditions which worker does.Turkey started negotiations with European Economic Community in July, 1st 1959, and signed Ankara Treaty in September, 12th 1963. It has been mentioned that the parties agread to realize the free movement of workers gradually in Ankara Treaty. With the Additinal Protocol which was signed in November, 23rd 1970 and was made effective in January 1st 1973, the free movement of workers has been put into judgement that it will be realized gradually between the end of 12th year of Ankara Treaty which has been put into use and the end of 22nd year. This article has been interpreted that Turksich workers will have the equal rights with common market workers after 22 years. However, an application related with the free movement of workers hasn`t been put into use eventhough the transition period has come to an end in January 1st 1986.With Ankara Treaty, it has been put in order that the parties should gather the Council of Association to be able to carry out partnership and to provide the gradual transition. Decisions of 2/76, 1/80 and 3/80 have been admitted relating to the free movement of workers. These decisions of the Council of Association include detailed statutes. About free movement of Turkisch workers and Community citizens who want to work in Turkey.The Turkish workers and their families living in the community have brought suits against the member countries in courts so that their rights which are based on the decisions of Ankara Treaty, Additional Protocol and Council of Association should be recognized, as a result these suits have presented to the Court of Justice of the European Community. The Court of Justice of the European Community has shown the way to the subject with the decisions it has given.The right of free movement of workers is a right which has been recognized mutually between the Community and Turkey. For this reason, Turkey has to carry out the regulations which have been loaded on her. The studies to adopt Turkey`s national legislations to the acquisitions of the European Union have been pursuited. With the progress reports which are put in order annualy, the studies which Turkey has carried out are mentioned and the points which haven`t been put in order are proposed urgently.Key Words1. Free movement2. Free movement of workers3. Rights of working4. Treaty Establishing the European Community5. The Court of Justice of the European Community)