Free movement of persons is one of the four fundamental freedoms of the Internal Market together with the free movement of goods, services and capitals.
According to Article 21 of the Treaty on the Functioning of the European Union (TFEU) “Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect”.
The Ministry of Labour and Social Policy manages the activity of the working group 2 “Free Movement of Persons” to the Council for European Affairs of the Republic of Bulgaria.
FREE MOVEMENT OF WORKERS
Free movement of persons is guaranteed in Article 45 of the Treaty on Functioning of the European Union which “entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment”.
The EU citizens have the right:
To look for a job in another EU member state and to stay there for that purpose;
To work there without any work permission, under the same conditions as thecitizens of the respective member state.
Since the 1 January 2014 Bulgarian workers have been able to fully exercise their right to work in all EU countries without a work permit.
Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers
Bulgarian legislation in this domain is fully harmonized with the “aquis” of the EU.
Labour Migration and Labour Mobility Act - adopted on 13 April 2016, etc.
EURES Network (Employment Agency)
MIGRATION AND INTEGRATION
According to Article 79 of the TFEU “The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings”.
The Ministry of Labour and Social Policy is responsible for the legal and labour migration of third country nationals and for their succeeding integration.
Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification;
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents;
Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research;
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;
Directive 2011/98/EU of the European parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State;
Directive 2014/36/EU of the European parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers;
Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.
Foreigners in the Republic Bulgaria Act;
Labour Migration and Labour Mobility Act - adopted on 13 April 2016;
Regulations on Implementation of the Foreigners in the Republic Bulgaria Act, etc.