EUROPEAN CITIZENSHIP
| Published date | 01 September 1982 |
| DOI | http://doi.org/10.1111/j.1468-2230.1982.tb02491.x |
| Date | 01 September 1982 |
| Author | A. C. Evans |
THE
MODERN
LAW
REVIEW
Volume
45
September
1982
No.
5
EUROPEAN
CITIZENSHIP
THE
basis of the Common Market which the authors of the E.E.C.
Treaty sought to introduce was the removal of national barriers to
economic activity within the Community.’ As
a
contribution to
this end, provision was made in Title
I11
of Part Two of the Treaty
for the free movement of persons in certain circumstances.2 Article
48
provides for persons wishing to take up an offer
of
employment
“
actually made
”
in a Member State ,to enjoy rights of entry and
residence for this purpose. Similar rights are envisaged in Articles
52-58
for natural or legal persons wishing to set up or manage
an undertaking
or
carry on a self-employed occupation. Finally,
Articles
59-66
envisage rights of entry and temporary residence
for those wishing to provide
a
service without establishing them-
selves permanently in the Member State where the service is pre
vided. Therefore, the Treaty only makes express reference
to
rights of entry and residence in the case of those wishing to
engage in specified economic activities. This restrictiveness resulted
from the fact that the Treaty authors sought merely to ensure
that national immigration barriers would not prevent persons mov-
ing to those areas of the Community where their labour, profes-
sional or entrepreneurial skills or services were most
in
demand.
It is for this reason that Article
48
(3)
only speaks of rights of
entry and residence for those wishing to take up an offer of employ-
ment
“
actually made.” Clearly, such rights will only be available
where there is demand for immigrant labour in the host Member
State.
However, in implementing the above Treaty provisions the Com-
munity institutions have been influenced by the evolving but ill-
defined notion of European citizenship. In fact, it is their
commitment to this notion which has led the Community institu-
See the definition
of
the Common Market in
P.
J.
G.
Kapteyn and
P.
Verloren
van
Themaat.
Introduction to the
Law
of
the European Communities
(1973),
p.
54.
For
a general account
of
Community
law
in this fleld see
T.
C.
Hartley,
E.E.C.
lmmigration
Law
(1978).
497
VOL.
45
(5)
1
498
THE
MODERN
LAW
REVIEW
[Vol.
45
tions to extend the personal scope of free movement beyond the
strict requirements of the Treaty provisions governing this freedom.
EUROPEAN
CITIZENSHIP
IN
THE
1960s
The Council of Ministers implemented these provisions during the
1960s
through the enactment of several measures culminating in
Regulation
1612/68
and Directive
681360
in the case of employed
persons and Directive
641220
s-later brought up to date by
Directive
73/148
"-in the case of the self-employed. These measures
provide for nationals of Member States
(i.e.
Community nationals)
to enjoy rights of entry and residence in other Member States in
order to engage in specified economic activities there. Despite this
legislation, however, migration within the Community fell during
this period in comparison with immigration from third countries.
In
1962
there was
a
total of almost two million foreign workers
in Member States
of
the Community. Of this total,
45
per cent.
were migrants from other Member States
(i.e.
Community migrants).
They were, in fact, mostly Italians who had migrated to find work
in France or West Germany. By
1972
the total of foreign workers
in the Member States had risen to almost four and
a
half million,
but only
22
per cent. were Community migrants. The great majority
of foreign workers in the Six now came from North Africa,
Portugal, Turkey and Yugoslavia.'
This comparative fall
in
intra-Community migration might be
attributable to the fact that the above measures only provided for
Community migrants to enjoy equality of treatment with nationals
of the host Member State.
As
far as these measures were concerned,
immigrants from third countries might still suffer discrimination.
This factor may have rendered such immigrants more attractive
to prospective employers than Community migrants." Certainly,
there are frequent allegations that employers exploit immigrants
from third countries by paying them less than their own nationals
and subjecting them to inferior working conditions.u
On the other hand, it must be remembered that the
1960s
were
a period of rapid economic growth. Italy, which had been the
main labour-exporting country of the Six, benefited considerably
from the favourable economic conditions
of
this period. Its
Gross
National Product rose from
19,000
billion Lire
in
1958
to
69,000
billion Lire in
1972.1°
This substantial increase in national wealth
3
J.O. 1968, L.257/2.
4
J.O. 1968, L.257/13.
6
J.O.
1964,845.
6
O.J. 1973, L.172114.
7
See
K.
Mihabovic. "La Comunlta Economica Europea
e
le Migrazioni
del
Lavoro
''
(1977)
30
Economica lnternazionale
55-69.
8
This
view
is
suggested by
R.
Plender,
"
An
Incipient
Form
of
European Citizen-
ship"
in
European
Law
and the Individual
(P.
G. Jacobs
ed.,
1976), pp. 39-53,
40.
0
See,
e.g.
B.
Granotier,
Les Travailleurs lmmfgrt?s en France
(1970).
10
*'
International Financial Statistics, Annual Data 1951-1975
"
(1976)
I.M.F.
214-215.
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