The Frontier Worker: Romania – Hungary Study Case

Abstract

The migrant worker is the most important constituent of the Free Movement of workers, freedom which, along with the other three, defines the essence of the existence of the European Union. Although the institution of the migrant worker is very well defined in the law and jurisprudence of the European Union, there are still a number of legal incidents of this institution which still raises questions of interpretation and uniform application: who enters in the category of workers? Which is the coverage sphere of intermediate categories and which are their rights? What types of legal restrictions the states may impose to the workers and their families or the rights of the latter? Once with the developing of the European policies of cross-border cooperation at the level of the European Union, the social-economic necessities determined the apparition of the border worker, as specific type of migrant worker. Even if the concept of border worker is well defined by the legislation of the European Union, the accelerated development of the cross-border cooperation and of multiplication of the European Groups of Territorial Cooperation creates legislative syncope at the level of the states members of the European Union. The case study on the frontier worker from the Romanian-Hungarian space will highlight the strengths and weaknesses of these issues, opportunities and threats faced by this category of workers, but also how to synchronize the laws of the two European countries with de facto situation in this border area.

Keywords: freedom of movement, worker, European Union legislation, national rules, border region

JEL Classification: J21, J61, K31