Residence Rights of the citizens of a member state of the European Union in another member state: the self-employed worker

Published by Liuzzi e Liuzzi International law firm in European Union Law · Friday 16 Nov 2018 · 2:00
Tags: residence, rights, self, employed, workers, in, europe

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Residence Rights of the citizens of a member state of the European Union in another member state: the self-employed worker

The citizen of a member state of the EU resident in a member state can mantain the status of self-employed worker (it must be a 1-year-old status) even if he/she is now unemployed and has registered at an employment office of the member state where he/she is looking for a new job.

This has been established by the Supreme Court of Justice of the European Union on december, 20^th 2017. This decision has been taken with the intention of assuring equal treatment between self-employed workers and employees as established by the UE directive 2004/38 – article 7.3b.

The Directive of April, 29^th 2004 regards the freedom of movement and residence granted to the citizens of the European Union members states and to theri families.

So if a EU citizen resident in another state member has been for at least one year a self-employed worker and because of reasons that no depend on his will has decided to look for a job as employee in another member state he can register at an employment office of another member state and even obtain unemployment benefits exactly as it would happen to an employee who would have had a job for the same period of time (as established by the Directive 2004/38 art.7.3b

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