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By Therry G.

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2 For example such transitional arrangements exist in relation to, inter alia, the free movement of workers, the Common Agricultural Policy and the free movement of capital. See Inglis 2004; Hillion 2004. 3 Austria, Belgium, Denmark, Finland, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. 4 The existence of transitional mobility restrictions contradicts the EU’s established policy of promoting internal labour migration. The desire to encourage free movement has been the driving force behind long-established legal developments, such as the mutual recognition of qualifications and the extension of social rights and family reunification entitlements to EU nationals exercising rights of free movement.

Thus, although they have continued access to their host state’s labour market they cannot then move to another Member State and take up work there. 47 This makes the comparatively exclusionary treatment of the newest Union citizens seem all the more anomalous. 49 The defining feature of the transitional arrangements which apply to the EU8 and EU2 is the almost unlimited discretion enjoyed by the implementing Member States. Prior to enlargement it was suggested that the flexible design of the transitional measures permitted the old Member States to unilaterally adapt the rules to suit their own labour market needs (Vaughan-Whitehead 2003; 42 Para.

Again, the Commission must be notified. 40 Para. 7, Annexes. 41 The Commission is obliged to notify the Council of its decision. Within two weeks from the date of the decision any Member State can request the Council to annul or amend the Decision: para. 7, Annexes. 43 The rights that these migrants enjoy are strictly limited to the particular Member State that originally granted them access. Thus, although they have continued access to their host state’s labour market they cannot then move to another Member State and take up work there.

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