Germany: Transition will prolong labour migration restrictions
01 March 2006
The Accession Treaty, which was signed on 16 April 2003, sets out the conditions for freedom of movement for workers to and from the new Member States after the May 2004 EU enlargement. It lays down that: "The EU-15 Member States may allow total or partial freedom of movement for workers from the new Member States. Thus, they may restrict this freedom during the transitional period, which starts on 1 May 2004 and is due to last for a maximum of seven years". UK, Ireland and Sweden have refrained from applying the transition arrangements and Finland, Portugal and Spain are planning to lift bans from May this year. On 22 March this year the German cabinet extended the working ban until 20 April 2009.
The assessment of the economic impact of free labour migration is a rather ideological affair, whereby the current schools of thought in Europe range from nationalist conservatism (Germany) and liberal utilitarianism. The UK, a proponent of the latter, thinks that lifting the ban "will attract workers we need in key sectors and is part of our managed migration agenda. It will ensure they can work here without restrictions and not be a burden on the public purse" (Jack Straw, 2002). German Employment Minister, Franz Müntefering, in a letter to MPs, says that "Germany needs to continue making sure that access to the German labour market, according to a sound labour market and economic policy, remains controlled".
The Green and Liberal parties have voiced some criticisms of this move, the main trade unions have welcomed it and industry representatives are pushing for free movement of workers to be implemented soon. However, none have commented on the improvement of substantive legal rights of migrant workers, which will ultimately determine the quality of their working and living conditions in Germany. In fact, not a single EU Member State has signed the
UN Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which came into force on 1 June 2003. The 45 countries which have ratified or signed the Convention so far represent economically disadvantaged nation-states and therefore 'migrant-producing' countries.
Hamburger Morgenpost 22.03.06, The Independent 11.12.02, http://www.december18.net