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European Union law on the free movement of persons covers not only workers, but also the self-employed and those wishing to provide/receive services. Many of the rights available to workers and their family members apply to these other categories as well. Article 43 (Previously known as Article 52) seeks to ensure that the right of establishment (which covers the self-employed and those wishing to set up and manage undertakings) affords nationals of other EU States the same treatment of nationals of the host Member State. Non-discrimination on grounds of nationality is a common theme running through EU law. The similarity between Article 39 explains and justifies the fact that all the rights available to workers under Regulation 1612/68 apply to the self-employed in practice. Whether or not someone is self-employed or employed for the purposes of EU law is a matter of EU law, and can not be determined by reference to, for example, a decision of the Inland Revenue. Freedom of establishment includes the right not only to take up an activity as a self-employed person; it goes further than that. The European Court of Justice has held that it extends to other elements connected to that right e.g. the right to rent premises, equal treatment as regards housing, and a right to access leisure facilities on a non-discriminatory basis. Article 43 therefore prohibits both direct and indirect discrimination on nationality grounds. An important feature of the rights available under Article 43 is the fact that Member States are not entitled simply to disregard qualifications obtained in another Member State. For more on this subject see MUTUAL RECOGNITION OF QUALIFICATIONS. Article 49 (Previously known as Article 59) aims to allow providers of services, and those receiving services, to do so without suffering discrimination on grounds of their nationality. Tourists, those receiving medical treatment, and those travelling for education or on business are examples of people receiving services. Article 49 applies to these people as well as those providing services. It should be recalled that Articles 43 and 49 only apply if there is some element of cross-border activity involved. Relevant legal provisions
Moving
around the European Union Providing
services in the European Union Buying
Goods and Trading in the European Union Living
in another European Union country Getting
your qualifications recognised in another European Union country |
Providing services in the European Union