Commissie vraagt Griekenland te stoppen met discriminatie buitenlandse werknemers (en)

Met dank overgenomen van Directoraat-generaal Werkgelegenheid, sociale zaken en inclusie (EMPL) i, gepubliceerd op woensdag 26 oktober 2011.

The European Commission has requested Greece to bring its rules on accessing certain posts in local administrations into line with EU law on the free movement of workers by ending discrimination against people from other Member States.

Current Greek rules provide that for access to specific posts in local administrations (temporary as well as permanent), priority should be given to locally-registered residents within the municipality where these posts are available.

Moreover, for permanent posts, locally-registered people receive 150 priority points provided that they stay at least ten years within the same post.

The Commission considers that these conditions, although in principle applicable irrespective of nationality, affect mostly EU migrant workers. For this reason, the Commission considers such practices to be indirectly discriminatory. The Commission also considers the obligation to stay for ten years in the same post an obstacle to freedom of movement of workers, in breach of EU law.

In line with the case law of the EU's Court of Justice, the Commission considers that, in both cases, these rules are indirectly discriminatory since they affect EU migrant workers more than national workers, running the risk of placing EU nationals at a particular disadvantage.

The Commission's request to Greece takes the form of a 'reasoned opinion' under EU infringement procedures. Greece now has two months to inform the Commission of measures it has taken to bring its legislation into line with EU law. Otherwise, the Commission may decide to refer Greece to the EU's Court of Justice.