Reconnecting free movement of workers and equal treatment in an unequal Europe

This article argues that free movement rights for workers should be more consciously reconnected to the prohibition on nationality discrimination in EU law. It questions whether the principal aim of achieving the greatest possible freedom of movement detracts from the fundamental objective of equal treatment, using proposals agreed in February 2016 as part of the re-negotiation of the UK’s membership of the EU to demonstrate the risks of privileging movement in a more abstract sense over how workers who do move are actually treated. One implication of emphasising equal treatment is that disconnecting national criteria from the definition of work/worker is more difficult to defend. However, in the absence of harmonised definitions of these concepts in EU legislation, engaging the shared responsibility of the Member States can be rationalised within the wider system of free movement law and would also enable deeper reflection on whether the current framework is adequately attuned to the rapidly changing reality of work.