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SOLANGE MASLOWSKI
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rights. So Article 34 of the Charter of Fundamental Rights states that everyone
residing and moving legally within the European Union is entitled to social security
benefits and social advantages in accordance with Union law and national law and
practices. Nevertheless, the scope of the impact of this fundamental text is limited
by the fact it does not apply to the United Kingdom and in a limited way to Poland
and the Czech Republic and it addresses the Member States only when they are
implementing Union law (Article 51 of the Charter).
1.2 Secondary legislation
The principle of equality of treatment of workers has been incorporated also
in secondary legislation since the beginning of the European project. Indeed,
Regulation 15 of 1961
8
has a specific chapter on equality of treatment (Chapter 3)
that gives equality of treatment to workers on the move concerning employment, in
particular remuneration, dismissal and membership in a trade union. The principle
of equality of treatment in fact follows the development of freedom of movement
of persons and will enlarge progressively as far as its personal and material scope
are concerned. Regarding its personal scope, it will extend progressively to other
categories of persons, like the family members of the workers
9
and former workers
who have lost their jobs in the host Member State.
10
So Regulation 38/64 (Article 21)
and Regulation 1612/68 (Article 12) confer equal treatment to children of migrant
or frontier workers as regards admission to courses of general education. It will
also extend its material scope with the adoption of Regulation 1612/68 conferring
equal treatment to workers in the matter of social and tax advantages and the same
entitlement to access training in vocational school.
The first secondary legislations dealing with economically inactive Union
citizens on the move did not confer unconditional rights of residence and of equality
of treatment to economically inactive Union citizens on the move. Directives
364/90 and 365/90 on residence rights of economically inactive Union citizens
11
made access to social benefits conditional on the possession of sufficient financial
8
See Council Directive of 16 August 1961 2 on administrative procedures and practices governing the
entry into and employment and residence in a Member State of workers and their families from other
Member States of the Community.
9
See Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement
for workers within the Community, repealed by Regulation (EU) No 492/2011 of the European
Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union
Text with EEA relevance, OJ L 141, 27. 5. 2011.
10
See Council Directive 360/68 on the Abolition of Restrictions on Movement and Residence.
11
See Council Directive 90/364/EEC of 28 June 1990 on the right of residence and Council Directive
90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who
have ceased their occupational activity.