Publication details
Pojem pracovník ve světle judikatury Evropského soudního dvora
| Title in English | Notion of Worker in the Casa-law of the European Court of Justice |
|---|---|
| Authors | |
| Year of publication | 2006 |
| Type | Article in Proceedings |
| Conference | Európske výzvy súčasného právneho vývoja |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Free movement of persons; free movement workers; notion of worker; economic activity; effective and genuine activity; right to leave; right to entry; access to employment; prohibition of discrimination based on nationality |
| Description | The article deals with the notion of worker and activity as an employed person in the EC law. Both, primary or secondary law of the Communities does not define these terms. They were extensively interpreted by the case-law of the European Court of Justice which declared that the concept of worker had a community mean. The concept of worker defines the field of application of one of the fundamental freedoms guaranteed by the EC Treaty and, as such, may not be interpreted restrictively. Exceptions to and derogations from the principle to freedom of movement for workers, on the other hand, must be interpreted strictly. The concept of workers must be defined in accordance with objectives criteria which distinguish the employment relationship by reference to the fights and duties of the person concerned. The essential feature of an employment relationship is the fact that for a certain period of time a person performs service for and under the direction of another person in return of which he receives remuneration. |