The Concept of Worker for the Purpose of Regulating the Free Movement of the European Union Workers

Abstract

Work can be performed in employment relationship by employees/workers as well as in civil or commercial relationship by a self-employed person providing services and thus it is necessary to distinguish the performance of work by workers from the provision of services. The aim of the paper is to identify the characteristics of a worker for the purpose of exercising freedom of movement for workers in the decision-making of the Court of Justice of the European Union. The author concludes that, as far as genuine and effective activity is concerned, the activity carried out by a worker is characterised by a relationship of subordination and payment of remuneration.