欧盟职业流动的法律框架

Gasper Kokaj
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引用次数: 0

摘要

欧盟内部市场创造了就业机会,但由于与当地立法的高要求和市场特点相关的不同规则和要求,求职过程仍然十分复杂。本研究旨在对第 2005/36/EC 号指令和修订后的第 2013/55/EU 号指令的最新修正案进行法律概述,其重点是在欧盟不同成员国扩大雇员和自营职业者的从业权利。研究中使用的主要方法是分析法和历史法。作者提供了国家内部劳动力市场的两面视角:从 "欧盟完全自由的专业人员市场 "的角度,提供了更多的职业机会和专业发展;从移民及其面临的障碍的角度。介绍了受管制专业与不受管制专业之间的区别,强调了后者易于获得承认。研究还讨论了该指令对欧盟以外家庭成员的适用性,以及第 2013/55 号指令中引入的欧洲职业卡。本研究详细讨论了三种资格承认制度,强调了它们的重要性和判例法的最新发展。此外,还关注了劳动力流动的障碍、保护欧盟公民的工具以及不同职业的国家立法所带来的挑战。本文对欧盟内部劳动力市场运作的内部特点进行了评估,并使人们更好地了解了欧盟经济运行的特殊性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal framework of professional mobility in the EU
The internal market of the European Union creates employment opportunities, but the job search process remains complex due to different rules and requirements related to the high requirements of local legislation and market characteristics. The research aims to provide a legal overview of Directive 2005/36/EC and the latest amendments to the amended Directive 2013/55/EU, which focus on extending the rights of employees and self-employed persons to practice their profession in different Member States of the European Union. The main methods used in the research are analysis and historical. The authors provided two sides of the view of the country’s internal labour market: from the perspective of the “European Union’s fully free market for professionals”, offering enhanced career opportunities and professional development, and from the perspective of migrants and the obstacles they face. The differences between regulated and unregulated professions, highlighting the ease of recognition of the latter were described. The study also discusses the applicability of the Directive to family members from outside the European Union and the introduction of the European Occupational Card in Directive 2013/55. The three systems for the recognition of qualifications were discussed in detail, highlighting their importance and recent developments in case law. Attention has also been paid to barriers to labour mobility, instruments for the protection of EU citizens, and the challenges posed by national legislation in different professions. The paper provides an assessment of the internal features of the functioning of the internal labour market in the European Union and a better understanding of the peculiarities of the functioning of the economy of the association.
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