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1.
10th International Scientific Symposium on Region, Entrepreneurship, Development (RED) ; : 942-953, 2021.
Article Dans Anglais | Web of Science | ID: covidwho-1663236

Résumé

Following the COVID-19 outbreak, the EU Member States have imposed a number of restrictions to prevent the spread of infection. The purpose of this paper is to analyse the recent acquis communautaire which introduces measures affecting the internal market of the European Union, i.e. the right of citizens of the European Union to free movement of persons. Nowadays, we are witnessing many restrictions ranging from those related to the freedom of movement of people from one Member State to another to the ones linked with trade in goods and services. The question arises as to whether the EU is adequately dealing with the public health crisis caused by the COVID-19 pandemic. Firstly, it should be pointed out that public health policy falls within the competence of the Member States, while the EU only supports them through its actions (Art. 168 of the Treaty on the Functioning of the EU). In this context, the paper analyses the competence of the EU regarding the health and scope of the EU Health Policy. Secondly, no fundamental market freedom is absolute, so the Member States may impose certain restrictions if they are justified. The protection of public health is certainly one of the legitimate reasons for imposing restrictions, but the question arises as to whether all the measures taken by the Member States are proportionate to the goal and if there is any softer measure that could achieve the same effect. In this context, the existing relevant case law of the European Courts - Court of Justice of the European Union and European Court of Human Rights - is critically assessed and compared.

2.
Interdisciplinary Management Research Xvii ; : 1366-1381, 2021.
Article Dans Anglais | Web of Science | ID: covidwho-1377276

Résumé

Freedom of movement for workers is one of the fundamental freedoms of the European Union. It is also considered the main driver of the European Union's economy and the Internal Market. Faced with the global pandemic crisis, many European countries, including EU member states, have taken measures to reduce regular entry on their state territories to prevent the spread of the disease COVID 19. These measures have left consequences and still impact the freedom of movement for workers and the functioning of the European Union's Internal market. As a part of the Internal Market, the healthcare sector, as a sector that is most affected by the pandemic crisis, was necessary to mobilize healthcare workers on the one hand and restrict movement on the other. This paper aims to present how the European Union and its institution responded to the free movement for workers crisis in terms of EU law and acquis communautaire. What are the expected socio- economic consequences, especially in the healthcare sector, and what is the assessment for the recovery in general?

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