EIRP Proceedings, Vol 7 (2012)

Exceptions to the principle of free movement of workers in the European Community: the Case of Persons infected with HIV/AIDS

Abdula Azizi, Zemri Elezi, Octavia Daniela Steriopol


The movement of workers in the years after the foundation of the European Community (EC) was as a result of the labor market needs, essentially in most developed countries in which there was a lack of specific profiles of occupation and skilled workers. Due to the fact that, every member state of EC discretionary regulates the issues relating to free movement of workers, working conditions and organization of working hours, it was inalienable the harmonization of rules at the EC level. Even today there are a large number of legal measures regarding the harmonization of legislation on free movement in the EC member states; however, they are sometimes interpreted differently by its member states, particularly those related to movement restrictions. Specifically, in the framework of realization of the right to free movement will also analyze the rules that exclude this right and states conduct against persons who violate the rules on free movement. As states, under the protection of public health of their citizens, they have the right to restrict the free movement of workers coming from other states, in this context this paper will analyze the behavior of states towards persons infected with the virus HIV. This paper will analyze the right to free circulation of workers in the EC, and the limitations that exist in several member states, whereas suggests eliminating the obstacles which are not based on the positive acts of the EC.


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