All EU citizens, with the exception of Rumanians and Bulgarians, will next week acquire the right to work in any of the other EU member states without any further barriers.

The seven-year transitional phase, allowing the ‘old’ EU15 member states to apply restrictions to the principle of free movement of labour, will come to an end on April 30 and so Germany and Austria, the only member states with restrictions still in place, will be obliged to open their borders and legalise those already working illegally in their countries.

However, some employment restrictions will remain in place until 2014 within the EU27 – on Bulgaria and Romania, which entered the EU in 2007.

Through their treaties of accession signed in 2003, the ‘old’ member states were allowed to introduce transitional restrictions for workers from the ‘new’ member states. These limits could be maintained for a period of up to seven years after accession (two years, renewable twice, known as the 2+3+2 scheme).

In 2009, Germany and Austria were the only two countries to delay opening their labour market to workers from eight ex-Communist countries which joined in 2004. At the time, Berlin and Vienna feared an influx of immigrants.

Malta was not included in these restrictions as together with Cyprus it had negotiated the right of its citizens to freely acquire work in the other member states from day one of accession. On the other hand, in case of a massive influx and due to their small employment markets, they could still apply certain restrictions.

Commenting on the opening of borders, Polish Employment Minister Jolanta Fedak said that Poland did not to expect “an exodus”, a view shared by the Czech and Hungarian authorities. However, the minister went on to voice her fears of a brain drain, as Germany is preparing projects “which may encourage our young people, once they have finished their training, to go and work in Germany”.

In Germany, the fears are of an entirely different nature as they concern the risk of downward pressure on employment conditions and salaries. But the adoption of a minimum wage in the temporary employment sector, currently going through in Germany, is expected to stave off this danger. Austria has also taken precautions with a law against social dumping.

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