THE CONCEPT OF WORKER (IN ARTICLE 45 TFEU)
By Mpia Tsolaki, Lawyer** Freedom of movement for workers is founded on
Article 45(1) TFEU and enshrined in fact in the abolition, set out in its
second paragraph, of any discrimination based on nationality between workers of
the Member States as regards employment, remuneration and other conditions of
work and employment[1]. That prohibition has been regarded
since the beginnings of the establishment of the single European Market as an
indispensable corollary to its full integration since it has crucially promoted
mobility of the workforce throughout the European Union (hereinafter EU)[2]. From that point of view, it is
therefore of outmost importance for ascertaining its ambit to determine at the
outset the concept of "worker", which is not defined by neither the
primary nor the secondary EU legislation. As expected, the Ariadne’s thread has
been offered by the European Court of Justice (hereinafter ECJ) that has been
constantly producing an ample case-law, which keeping pa…