Labour’s Free Movement and Migration Rights in Today’s Europe

Provides an overview of the foundations of the EU legal system, its nature, and its main principles. The EU founding treaties will be analysed, in particular the Treaty on European Union and the Treaty on the Functioning of the European Union, as well as their significance in determining EU competences, institutional structure, and sources of law. In addition, the fundamental principles of EU law, including direct effect and supremacy, and the role of the Court of Justice of the European Union in the development of these principles will be examined. Special attention is given to the constitutional structure of the internal market as the foundation of EU integration and the importance of the four fundamental freedoms.

Knowledge:

1. understands the structure of the European Union legal system, its nature, and the hierarchy of its sources of law;
2. is familiar with the significance of the founding Treaties of the EU (the Treaty on European Union and the Treaty on the Functioning of the European Union) in the division of competences and the institutional framework;
3. knows the fundamental principles of EU law (direct effect, supremacy, the principle of sincere cooperation, etc.) and their role in case-law;
4. understands the constitutional significance of the internal market and the systemic role of the four fundamental freedoms.

Skills:

1. is able to analyse and interpret EU primary law provisions;
2. can identify the division of competences between the EU and the Member States in specific situations;
3. is able to apply fundamental principles of EU law in legal reasoning;
4. can explain the functioning of the internal market mechanism and its impact on Member States’ regulatory frameworks.

Competence:

The student is able to independently and systematically assess the application of EU law within the national legal system, analysing the division of competences, the institutional structure, and the impact of the fundamental principles of the internal market on Member States’ regulatory f

The theoretical and normative foundations of the free movement of workers in European Union law will be analysed, examining its development from an economic freedom of the internal market to a broader fundamental rights dimension. Particular attention is devoted to the principle of equal treatment, the prohibition of indirect discrimination, the grounds for restricting the freedom (public policy, security, and health), and the application of the principle of proportionality. The lecture includes an analysis of case-law and a doctrinal discussion on the developmental trends of free movement and its impact on the regulatory frameworks of the Member States.

Knowledge:

1. understands the legal foundations of the free movement of workers in EU primary and secondary law;
2. is familiar with the development of the concept of a “worker” in the case-law of the Court of Justice of the European Union;
3. knows the legal grounds for restricting the freedom and their interpretation.

Skills:

1. is able to analyse and interpret EU legal norms and case-law in the field of labour mobility;
2. can identify elements of discrimination and restrictions in specific situations;
3. is able to apply the principle of proportionality in legal assessment.

Competence:

The student is able to independently and substantiatedly assess the application of the free movement of workers in specific legal situations, analysing the division of competences between the EU and the Member States and ensuring the protection of fundamental rights.

The place of the free movement of workers within the EU internal market system and its interaction with the other fundamental freedoms – the freedom to provide services, the freedom of establishment, and the free movement of capital – will be analysed. The boundaries of these freedoms, their mutual overlap, and the criteria for distinguishing between them in the case-law of the Court of Justice of the European Union will be examined, as well as their functional significance for the effective operation of the internal market. Particular attention will be devoted to the legal qualification of cross-border situations and the challenges related to the application of competing freedoms.

Knowledge:

1. understands the systemic structure of the four fundamental freedoms and their interrelationship;
2. is familiar with the criteria for distinguishing the free movement of workers from the freedom to provide services and the freedom of establishment;
3. knows the approach of the Court of Justice of the European Union to the interpretation of competing freedoms.

Skills:

1. is able to legally qualify cross-border situations in accordance with the relevant fundamental freedom;
2. can analyse cases of overlap between fundamental freedoms;
3. is able to substantiate the applicability of a specific freedom based on primary law and case-law.

Competence:

The student is able to systematically and convincingly assess the application of the fundamental freedoms of the internal market in complex cross-border situations, ensuring consistent interpretation of EU law and respect for the division of competences.

The mobility of healthcare staff in the EU as part of the free movement of labour is analysed, assessing its legal, institutional and socio-economic aspects. Particular attention has been paid to the recognition of professional qualifications, the competence of member states in the organisation of healthcare and the impact of migration of doctors and medical staff on the sustainability of health systems. The balance between the freedoms of the internal market and the protection of the public interest is being discussed.

Knowledge:

1. understands the EU legal framework in the field of free movement of labour force and recognition of professional qualifications;
2. know the limits of member states’ competence in the organisation of healthcare;
3. knows the main challenges of migrating medical personnel to EU.

Skills:

1. analyse the legal aspects of the mobility of healthcare staff;
2. assess the impact of migration on countries of origin and destination;
3. justify in a reasoned manner the need for a balance between free movement and the protection of the public interest.

Competence: student is able to systematically assess the impact of human resource mobility in the healthcare sector by integrating EU law regulation with the policy and public interest protection aspects of the member states.

The place of the free movement of workers within the EU internal market system and its interaction with the other fundamental freedoms – the freedom to provide services, the freedom of establishment, and the free movement of capital – will be analysed. The boundaries of these freedoms, their mutual overlap, and the criteria for distinguishing between them in the case-law of the Court of Justice of the European Union will be examined, as well as their functional significance for the effective operation of the internal market. Particular attention will be devoted to the legal qualification of cross-border situations and the challenges related to the application of competing freedoms.

Knowledge:

1. understands the systemic structure of the four fundamental freedoms and their interrelationship;
2. is familiar with the criteria for distinguishing the free movement of workers from the freedom to provide services and the freedom of establishment;
3. knows the approach of the Court of Justice of the European Union to the interpretation of competing freedoms.

Skills:

1. is able to legally qualify cross-border situations in accordance with the relevant fundamental freedom;
2. can analyse cases of overlap between fundamental freedoms;
3. is able to substantiate the applicability of a specific freedom based on primary law and case-law.

Competence:

The student is able to systematically and convincingly assess the application of the fundamental freedoms of the internal market in complex cross-border situations, ensuring consistent interpretation of EU law and respect for the division of competences.

The mobility of healthcare staff in the EU as part of the free movement of labour is analysed, assessing its legal, institutional and socio-economic aspects. Particular attention has been paid to the recognition of professional qualifications, the competence of member states in the organisation of healthcare and the impact of migration of doctors and medical staff on the sustainability of health systems. The balance between the freedoms of the internal market and the protection of the public interest is being discussed.

Knowledge:

1. understands the EU legal framework in the field of free movement of labour force and recognition of professional qualifications;
2. know the limits of member states’ competence in the organisation of healthcare;
3. knows the main challenges of migrating medical personnel to EU.

Skills:

1. analyse the legal aspects of the mobility of healthcare staff;
2. assess the impact of migration on countries of origin and destination;
3. justify in a reasoned manner the need for a balance between free movement and the protection of the public interest.

Competence: student is able to systematically assess the impact of human resource mobility in the healthcare sector by integrating EU law regulation with the policy and public interest protection aspects of the member states.

The legal framework for labour mobility in the EU will be analysed by assessing the provisions of primary and secondary law, as well as policy documents and institutional mechanisms. The current challenges at EU level are addressed, including labour shortages, mobility barriers, social dumping, labour market segmentation and the role of the European Labour Authority (ELA) in cross-border cooperation. Particular attention has been paid to the practical application of the rules and their impact on the labour markets of the member states.

Knowledge:

1. understands the EU legal framework for labour mobility;
2. be familiar with key policy tools and institutional mechanisms;
3. knows the challenges and challenges of EU in the labour market.

Skills:

1. analyse the interaction between EU law and policy documents;
2. identify legal and practical obstacles to mobility;
3. reasoned assessment of the effectiveness of regulation in specific situations.

Competence: student is able to critically and systematically assess the evolution of labour mobility regulation and its impact at EU and Member State level, integrating legal and policy aspects.

The principles of coordination of social security systems in the EU will be analysed, with particular attention to cross-border situations and worker mobility. The principles of equal treatment, the same applicable legislation, the aggregation of insurance periods and the exportability of benefits are at issue and the case-law of the Court of Justice of the EU on access to social benefits. The lecture includes a discussion on the balance between the principle of free movement and the sustainability of member states’ social security systems.

Knowledge:

1. understands the mechanism for coordination of social security systems at EU level;
2. be familiar with the main principles of coordination and the conditions for their application;
3. knows the current trends in case-law on access to social benefits.

Skills:

1. analyse cross-border social security situations;
2. to interpret the applicable EU regulations and case law;
3. assess the application of the principle of equal treatment in specific cases.

Competence: student is able to systematically and reasonably assess the application of social security coordination in mobility situations, ensuring a balance between EU freedoms and the social protection interests of member states.

The legal framework for employment of foreigners and third-country nationals in Latvia and the European Union will be analysed. The legal basis for residence and work permits, EU instruments of the Common Migration Policy (such as attracting highly skilled workers), as well as the competence of member states to regulate the labour market are considered. Particular attention has been paid to monitoring mechanisms, the prevention of illegal employment and the risks of labour exploitation.

Knowledge:

1. understands the legal framework for employment of third-country nationals in EU and Latvia;
2. be familiar with the types of residence and work permits and the conditions for granting them;
3. knows the monitoring mechanisms and responsibilities in case of irregularities.

Skills:

1. analyse the legal basis for employment of foreigners in specific situations;
2. identify potential legal risks and irregularities;
3. apply EU and national frameworks to cross-border employment.

Competence: student is able to independently and reasonably assess the legality of employment of foreigners by integrating EU and national legal norms, as well as ensuring respect for fundamental rights and labour protection principles.

The legal framework for posting workers in the EU and its application to cross-border employment situations will be analysed. Minimum employment standards, host State control rights, administrative cooperation mechanisms as well as social security enforcement issues are addressed. Particular attention has been paid to the prevention of irregularities, the risk of social dumping and effective monitoring between member states.

Knowledge:

1. understands the legal framework for posting staff at EU level;
2. know the monitoring and control mechanisms in cross-border employment;
3. knows the principles of social security and the application of minimum labour standards.

Skills:

1. analyse posting situations and determine the applicable legal regime;
2. identify possible irregularities and monitoring problems;
3. reasoned assessment of member states’ competences and cooperation mechanisms.

Competence: students shall be able to assess systematically and legally justified the legality of the posting of staff and the effectiveness of supervision in cross-border situations, ensuring a balance between the freedoms of the internal market and the protection of workers.

The legal framework for labour mobility in the EU will be analysed by assessing the provisions of primary and secondary law, as well as policy documents and institutional mechanisms. The current challenges at EU level are addressed, including labour shortages, mobility barriers, social dumping, labour market segmentation and the role of the European Labour Authority (ELA) in cross-border cooperation. Particular attention has been paid to the practical application of the rules and their impact on the labour markets of the member states.

Knowledge:

1. understands the EU legal framework for labour mobility;
2. be familiar with key policy tools and institutional mechanisms;
3. knows the challenges and challenges of EU in the labour market.

Skills:

1. analyse the interaction between EU law and policy documents;
2. identify legal and practical obstacles to mobility;
3. reasoned assessment of the effectiveness of regulation in specific situations.

Competence: student is able to critically and systematically assess the evolution of labour mobility regulation and its impact at EU and Member State level, integrating legal and policy aspects.

The legal framework for employment of foreigners and third-country nationals in Latvia and the European Union will be analysed. The legal basis for residence and work permits, EU instruments of the Common Migration Policy (such as attracting highly skilled workers), as well as the competence of member states to regulate the labour market are considered. Particular attention has been paid to monitoring mechanisms, the prevention of illegal employment and the risks of labour exploitation.

Knowledge:

1. understands the legal framework for employment of third-country nationals in EU and Latvia;
2. be familiar with the types of residence and work permits and the conditions for granting them;
3. knows the monitoring mechanisms and responsibilities in case of irregularities.

Skills:

1. analyse the legal basis for employment of foreigners in specific situations;
2. identify potential legal risks and irregularities;
3. apply EU and national frameworks to cross-border employment.

Competence: student is able to independently and reasonably assess the legality of employment of foreigners by integrating EU and national legal norms, as well as ensuring respect for fundamental rights and labour protection principles.

The legal framework for posting workers in the EU and its application to cross-border employment situations will be analysed. Minimum employment standards, host State control rights, administrative cooperation mechanisms as well as social security enforcement issues are addressed. Particular attention has been paid to the prevention of irregularities, the risk of social dumping and effective monitoring between member states.

Knowledge:

1. understands the legal framework for posting staff at EU level;
2. know the monitoring and control mechanisms in cross-border employment;
3. knows the principles of social security and the application of minimum labour standards.

Skills:

1. analyse posting situations and determine the applicable legal regime;
2. identify possible irregularities and monitoring problems;
3. reasoned assessment of member states’ competences and cooperation mechanisms.

Competence: students shall be able to assess systematically and legally justified the legality of the posting of staff and the effectiveness of supervision in cross-border situations, ensuring a balance between the freedoms of the internal market and the protection of workers.

The legal framework for migration control and police competence in its implementation will be analysed, with a particular focus on the protection of fundamental rights. National and European Union rules on the control, detention, expulsion and international protection procedures are being considered. The principle of proportionality, the right to liberty, respect for privacy and effective judicial protection and the balance between national security interests and respect for human rights are assessed.

Knowledge:

1. understands the legal framework for migration control at EU and national level;
2. know the limits of police competence in the area of migration;
3. knows the principles of protecting fundamental rights in migration procedures.

Skills:

1. analyse the legality of migration control measures;
2. apply the principles of proportionality and protection of fundamental rights in specific situations;
3. identify potential risks of human rights violations.

Competence: is able to validly assess the compatibility of migration control measures with EU and national law, ensuring a balance between national security interests and the protection of fundamental rights.

The impact of free movement of labour forces on police functions and ensuring public safety in the European Union will be analysed. The balance between the interests of free movement and public order, security and national protection and the legal basis for the application of restrictions are considered. Particular attention has been paid to the case-law of the Court of Justice of the EU on exceptions to public order and security and to the proportionality of police action in cross-border situations.

Knowledge:

1. understands the legal basis for restrictions on free movement of labour in the context of public security;
2. know the limits of police competence within the scope of EU law;
3. knows the EU court’s approach to interpreting public policy and security exceptions.

Skills:

1. analyse the compliance of police activities with EU law;
2. apply the principle of proportionality to the assessment of safeguards;
3. legally classify situations where free movement can be restricted.

Competence: student is able to reassess the balance between the free movement of the labour force and the interests of public safety by ensuring respect for the principles of EU rights and fundamental rights in police activities.

The legal framework for migration control and police competence in its implementation will be analysed, with a particular focus on the protection of fundamental rights. National and European Union rules on the control, detention, expulsion and international protection procedures are being considered. The principle of proportionality, the right to liberty, respect for privacy and effective judicial protection and the balance between national security interests and respect for human rights are assessed.

Knowledge:

1. understands the legal framework for migration control at EU and national level;
2. know the limits of police competence in the area of migration;
3. knows the principles of protecting fundamental rights in migration procedures.

Skills:

1. analyse the legality of migration control measures;
2. apply the principles of proportionality and protection of fundamental rights in specific situations;
3. identify potential risks of human rights violations.

Competence: is able to validly assess the compatibility of migration control measures with EU and national law, ensuring a balance between national security interests and the protection of fundamental rights.

The impact of free movement of labour forces on police functions and ensuring public safety in the European Union will be analysed. The balance between the interests of free movement and public order, security and national protection and the legal basis for the application of restrictions are considered. Particular attention has been paid to the case-law of the Court of Justice of the EU on exceptions to public order and security and to the proportionality of police action in cross-border situations.

Knowledge:

1. understands the legal basis for restrictions on free movement of labour in the context of public security;
2. know the limits of police competence within the scope of EU law;
3. knows the EU court’s approach to interpreting public policy and security exceptions.

Skills:

1. analyse the compliance of police activities with EU law;
2. apply the principle of proportionality to the assessment of safeguards;
3. legally classify situations where free movement can be restricted.

Competence: student is able to reassess the balance between the free movement of the labour force and the interests of public safety by ensuring respect for the principles of EU rights and fundamental rights in police activities.

The case law of the EU Court and the European Court of Human Rights on labour mobility and migration law will be analysed, assessing its interaction and impact on the legal systems of the member states. The most important judgments concerning the concept of worker, the principle of equal treatment, restrictions on free movement, expulsion, detention and the right to private and family life and effective judicial protection are at issue.

Particular attention will be paid to the principle of proportionality, the standards of protection of fundamental rights and the mutual impact of the case-law of both courts on migration control and labour mobility issues.

Knowledge:

1. is familiar with the most important case-law of the Court of Justice of the EU and the ECtHR on labour mobility and migration;
2. understands the differences and interactions between the two courts;
3. knows the standards of protection of fundamental rights and their evolution in case-law.

Skills:

1. analyse and compare the judgments of the EU Court of Justice and the ECtHR;
2. identify the principles of law enshrined in the case-law;
3. apply the findings of both courts to the assessment of specific legal situations.

Competence: students shall be able to make systematic and reasoned use of the case-law of the Court of Justice of the EU and of the ECtHR in dealing with labour mobility and migration law, ensuring the protection of fundamental rights and a consistent interpretation of rights at national level.

The legal framework for the recognition of professional qualifications in the EU and its role in the mobility of regulated professions will be analysed. The mechanisms for automatic recognition, the general recognition system, compensatory measures and the right of member states to define professional requirements are all considered. Particular attention has been paid to the principle of proportionality, obstacles to mobility and the case-law of the Court of Justice of the EU on restrictions on access to employment.

Knowledge:

1. understands the EU of recognition systems for professional qualifications;
2. know the legal framework for regulated professions and the limits of the competences of the member states;
3. knows the main trends in case-law in this area.

Skills:

1. analyse the conditions for recognition of professional qualifications in specific situations;
2. identify obstacles to mobility and their legal basis;
3. apply the principle of proportionality to the assessment of restrictions on professional access.

Competence: be able to assess systematically and legally justified the mobility of regulated professions in the EU, ensuring a balance between the freedoms of the internal market and the legitimate regulatory interests of the member states.

The case law of the EU Court and the European Court of Human Rights on labour mobility and migration law will be analysed, assessing its interaction and impact on the legal systems of the member states. The most important judgments concerning the concept of worker, the principle of equal treatment, restrictions on free movement, expulsion, detention and the right to private and family life and effective judicial protection are at issue.

Particular attention will be paid to the principle of proportionality, the standards of protection of fundamental rights and the mutual impact of the case-law of both courts on migration control and labour mobility issues.

Knowledge:

1. is familiar with the most important case-law of the Court of Justice of the EU and the ECtHR on labour mobility and migration;
2. understands the differences and interactions between the two courts;
3. knows the standards of protection of fundamental rights and their evolution in case-law.

Skills:

1. analyse and compare the judgments of the EU Court of Justice and the ECtHR;
2. identify the principles of law enshrined in the case-law;
3. apply the findings of both courts to the assessment of specific legal situations.

Competence: students shall be able to make systematic and reasoned use of the case-law of the Court of Justice of the EU and of the ECtHR in dealing with labour mobility and migration law, ensuring the protection of fundamental rights and a consistent interpretation of rights at national level.

Knowledge:

1. EU the primary law framework on non-discrimination (Articles 18, 45 of the Treaty on the Functioning of the European Union, EU Charter of Fundamental Rights);
2. The content and development of the principle of equal treatment in EU law;
3. The concept of direct and indirect discrimination as well as justification mechanisms;
4. The most important judgments of the EU Court and the ECtHR in the field of labour mobility and discrimination.

Skills:

1. Analyse situations where discrimination on grounds of nationality or other prohibited characteristics may occur;
2. Distinguish between direct and indirect discrimination in practice;
3. Compare the legal framework of the EU with the regulatory framework of Latvia;
4. Prepare a legally reasoned opinion on violations of equal treatment in employment.

Competence:

1. Independently identify and assess the risks of discrimination on the labour market in cross-border situations;
2. To justify compliance with the principle of equal treatment in the public and private sectors;
3. Take legally sound decisions in difficult international employment situations.

Knowledge:

1. EU the primary law framework on non-discrimination (Articles 18, 45 of the Treaty on the Functioning of the European Union, EU Charter of Fundamental Rights);
2. The content and development of the principle of equal treatment in EU law;
3. The concept of direct and indirect discrimination as well as justification mechanisms;
4. The most important judgments of the EU Court and the ECtHR in the field of labour mobility and discrimination.

Skills:

1. Analyse situations where discrimination on grounds of nationality or other prohibited characteristics may occur;
2. Distinguish between direct and indirect discrimination in practice;
3. Compare the legal framework of the EU with the regulatory framework of Latvia;
4. Prepare a legally reasoned opinion on violations of equal treatment in employment.

Competence:

1. Independently identify and assess the risks of discrimination on the labour market in cross-border situations;
2. To justify compliance with the principle of equal treatment in the public and private sectors;
3. Take legally sound decisions in difficult international employment situations.

The case law of the EU Court and the European Court of Human Rights on labour mobility and migration law will be analysed, assessing its interaction and impact on the legal systems of the member states. The most important judgments concerning the concept of worker, the principle of equal treatment, restrictions on free movement, expulsion, detention and the right to private and family life and effective judicial protection are at issue.

Particular attention will be paid to the principle of proportionality, the standards of protection of fundamental rights and the mutual impact of the case-law of both courts on migration control and labour mobility issues.

Knowledge:

1. is familiar with the most important case-law of the Court of Justice of the EU and the ECtHR on labour mobility and migration;
2. understands the differences and interactions between the two courts;
3. knows the standards of protection of fundamental rights and their evolution in case-law.

Skills:

1. analyse and compare the judgments of the EU Court of Justice and the ECtHR;
2. identify the principles of law enshrined in the case-law;
3. apply the findings of both courts to the assessment of specific legal situations.

Competence: students shall be able to make systematic and reasoned use of the case-law of the Court of Justice of the EU and of the ECtHR in dealing with labour mobility and migration law, ensuring the protection of fundamental rights and a consistent interpretation of rights at national level.

Knowledge:

1. EU the primary law framework on non-discrimination (Articles 18, 45 of the Treaty on the Functioning of the European Union, EU Charter of Fundamental Rights);
2. The content and development of the principle of equal treatment in EU law;
3. The concept of direct and indirect discrimination as well as justification mechanisms;
4. The most important judgments of the EU Court and the ECtHR in the field of labour mobility and discrimination.

Skills:

1. Analyse situations where discrimination on grounds of nationality or other prohibited characteristics may occur;
2. Distinguish between direct and indirect discrimination in practice;
3. Compare the legal framework of the EU with the regulatory framework of Latvia;
4. Prepare a legally reasoned opinion on violations of equal treatment in employment.

Competence:

1. Independently identify and assess the risks of discrimination on the labour market in cross-border situations;
2. To justify compliance with the principle of equal treatment in the public and private sectors;
3. Take legally sound decisions in difficult international employment situations.

Knowledge:

1. distinction between the concept of digital mobility and the classic movement of physical workers (employees);
2. remote EU of jobs in the internal market (free movement of workers or freedom to provide services);
3. EU of the regulatory framework for the economy and self-employment of platforms;
4. recent EU initiatives for cross-border remote workers and platform workers.

Skills:

1. Determine (evaluate) the legal status of cross-border remote working by assessing whether a relationship qualifies as an employment relationship, self-employment or the provision of services within the framework of the EU internal market;
2. Analyse which Member State’s law applies in a particular situation;
3. Distinguish the employment contract from the service contract in the context of the platform economy.

Competence:

1. Independently analyse and structure complex cross-border employment situations in the digital environment;
2. Assess the impact of digital forms of employment (platform work, remote work) on the application of labour law and the protection of employees;
3. Navigate regulatory developments in new forms of employment and anticipate potential legal risks.