Free movement of persons

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The free movement of persons is a subspecies of free movement and concerns the right of individuals , a stay in another state to be able to perceive.

General

Free movement of persons and freedom of establishment are subtypes of free movement . While the free movement of persons only affects natural persons, the norm addressees of the freedom of establishment are both natural and legal persons . In the General Agreement on Trade in Services ( GATS ) of the World Trade Organization ( WTO) , which came into force in 1995, it was not possible to agree on the unrestricted free movement of persons, so that neither a permanent residence or work permit nor the acquisition of citizenship of the country of residence are declared as the goal has been.

Free movement of persons means “free movement of persons” and above all describes the freedom to live and work in a country other than your home country. On the one hand, the dismantling of identity checks at borders and, on the other hand , the free movement of workers , the freedom of establishment , the right of residence , the recognition of training certificates and the freedom of movement with regard to social insurance . In addition, there is the dismantling of tax barriers. The term is mainly used in Switzerland in connection with the bilateral agreements between Switzerland and the EU .

history

In the European Union , the free movement of people has been guaranteed since 1993 as one of the four fundamental freedoms , alongside the free movement of goods , the freedom to provide services and the free movement of capital and payments . Free movement of people includes free movement of workers and freedom of establishment . There were initially restrictions for the countries that joined the European Union as part of the eastward expansion (most recently until June 30, 2015 for Croatia ).

The agreement on the free movement of persons between Switzerland and the EU came into force on June 1, 2002 as part of the "Bilateral Agreements I".

Legal issues

Common market: EU and EFTA

In the EU member states , the free movement of persons is guaranteed in accordance with Art. 21 Para. 1 TFEU and allows EU citizens to move and reside freely in other member states. In Art. 45 para. 1 AUEV only the free movement of workers is regulated as a sub-case of the free movement of persons. It only affects the employed in terms of employment , remuneration and other working conditions . With the Vaduz Convention in 2001 , freedom of movement was agreed between the EFTA states Iceland, Liechtenstein, Norway and Switzerland. The Nordic countries and Liechtenstein are on an equal footing with EU member states in terms of freedom of movement, and a free movement agreement has existed with Switzerland since 1999.

The Freedom of Movement Act / EU has regulated the entry and residence of nationals of other Member States of the European Union (Union citizens) and their family members since January 2005 ( Section 1 FreizügG / EU). Only an identity card or passport is required for entry and a stay of up to three months (§ § 2 FreizügG / EU, § 3 FreizügG / EU).

From March to June 2020, there were identity checks and entry restrictions at numerous borders between EU member states due to the COVID-19 pandemic .

criticism

To some extent, on the part of critics of globalization , union- left politicians and employees , and also from federal agencies , employers , trade unions and cantons the consequences of persons criticized in Switzerland. The focus is on fears of the loss of legal regulations on environmental protection , occupational health and safety , minimum wages and social systems , which arise from the migration of workers from low-wage countries to high-wage countries and lead to wage dumping . The existence of small and medium-sized companies is threatened by the increased number of bogus self-employment . In contrast, so-called accompanying measures have been taken in Switzerland. These are criticized by the EU. According to some critics, social problems can also arise from increased economic competition from immigrants and from xenophobia on the part of the original inhabitants. Right-wing circles cite the possibility of problems with the integration of foreign workers and fear increased crime in connection with their immigration.

The effect of the free movement of persons on the number of recipients of social assistance is also being discussed : The EU is striving for a de facto right of establishment including access to social assistance in Switzerland for its citizens with EU citizenship and, in return, the same right for Swiss citizens in the EU. Switzerland has so far rejected this proposal.

Leftists who are close to the networks “ Nobody is illegal ” and “No Borders” criticize, on the contrary, that there is no worldwide freedom of movement in such a way that everyone can choose where they want to live and work, unhindered by state organs and borders ( Freie Migration ).

See also

literature

  • Philipp Löpfe, Werner Vontobel: Riot in Paradise . The new immigration divides Switzerland. Orell Fuessli, Zurich 2011, ISBN 978-3-280-05406-2 .

Web links

Wiktionary: Free movement of persons  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Christian Tietje (ed.) / Friedl Weiss, Internationales Wirtschaftsrecht , 2015, p. 242
  2. ↑ BMAS: press release. Retrieved March 25, 2020 .
  3. ↑ Short Overview of the EFTA Convention . EFTA, accessed October 6, 2019.
  4. ^ Agreement between the Swiss Confederation, on the one hand, and the European Community and its member states, on the other hand, on freedom of movement (PDF; 302 kB).
  5. ^ Deutsche Welle (www.dw.com): Corona in the EU: Nation versus community? | DW | March 20, 2020. Retrieved on March 26, 2020 (German).
  6. ↑ ARD extra: The Corona situation - ARD Extra - ARD | The first. Retrieved June 15, 2020 .
  7. ↑ Werner Vontobel, Claudia Gnehm: Hourly wage 2.85 francs! The extended free movement of people is in force - trade unions and businesses fear dumping wages that will plow up the Swiss salary model. May 1, 2011, accessed July 12, 2019 .
  8. ↑ Free movement of persons: wage dumping in Switzerland is increasing. In 2010, 38 percent of the short-term residents posted by EU companies had to work for less than the Swiss CLA minimum wage. May 3, 2011, accessed July 12, 2019 .
  9. ↑ a b awp / sda: CH / Free Movement of Persons: BR wants to better implement accompanying measures. (No longer available online.) Swissinfo, May 1, 2011, formerly the original ; Retrieved May 30, 2011 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.swissinfo.ch  
  10. ↑ a b sda / buev: Wage dumping is increasing - Federal Council sounds the alarm. SF Tagesschau, July 7, 2011, accessed July 9, 2011 .
  11. ↑ a b Renat Kuenzi: Against wage dumping: " Start where it hurts". swissinfo , July 9, 2011, accessed July 9, 2011 .
  12. ↑ awp / sda: CH / EU: Accompanying measures for the free movement of persons. Discussion topic. cash, July 6, 2011, accessed July 9, 2011 .
  13. ↑ Patrick Feuz: EU wants more free movement of people, but Bern is declining for the time being. Brussels demands access to social assistance for every EU citizen. The Federal Council must take a position in June. Tagesanzeiger Online / Newsnetz, May 5, 2011, accessed on July 9, 2011 .
  14. ↑ Federal Council does not want to relax the free movement of persons. The free movement of persons with the EU is not to be revised. Switzerland communicated this to the Union in Brussels. EU citizens should have been given a de facto right of establishment including access to social assistance. SRDRS, June 14, 2011, accessed July 9, 2011 .
  15. ^ "Nobody is illegal" Cologne: Manifesto
  16. ^ No Borders UK: About No Borders .