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Free Movement of Workers in Cyprus and the EU

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Free Movement of Workers in Cyprus and the EU COVER PRIO with spine:Layout 1 28/2/10 12:26 Page 1 Free Movement of Workers in Cyprus Free Movement of Workers and the EU in Cyprus and the EU This study draws on the two Reports on Cyprus for 2007 and 2008-2009 conducted by the RIGHTS IN CYPRUS FUNDAMENTAL I author as a national expert for the Network of Experts on Free Movement of Workers. Since the enactment of Law 7(1)/2007, which purported to transpose Directive 2004/38, there is a clearer view as to the effects the new legislation and the practices relating to transposition. The study examines the situation, the obstacles and challenges for free Nicos Trimikliniotis movement of workers in Cyprus. It illustrates the five key problematic areas and challenges ahead: there are currently 138,000 non-Cypriots legally residing in the areas under the control of the Republic of Cyprus, out of whom over 70,000 EU citizens. The system is working but there are issues to be dealt with such as: the considerable backlogs in the applications; problems with working conditions and pay; problems of reverse discrimination resulting from the operation of the directive, as EU citizens who exercise their rights under the directive can benefit but these rights are not always for Cypriots THE EU WORKERS IN CYPRUS AND FREE MOVEMENT OF and their families; the discrimination against lesbian and gay persons resulting from the from the failure to regulate same-sex marriages and registered relations in Cyprus; the problems generated from the territorial application of the implementation of the Directive given the de facto division of Cyprus and the Green Line Regulation. The publication also includes a paper by Kees Groenendijk, Equal Treatment of Workers Under EC Law and the Synthesis Report of the Network of Experts for 2007, entitled European Report on Free Movement of Workers in Europe in 2007, which compares law and practice across the European Union by the rapporteurs of the network Professors Kees Groenendijk, Roel Fernhout, Elspeth Guild, Pieter Boeles, Ryszard Cholewinski and Paul Minderhoud The report is sponsored by the Network of Experts on Free Movement of Workers and the University of Nicosia. FUNDAMENTAL RIGHTS IN CYPRUS Series 1/2010 ISBN: 978-82-7288-325-5 The report can be ordered from: PRIO Cyprus Centre P.O.Box 25157, 1307 Nicosia, Cyprus Tel: +357 22 456555/4 [email protected] This report can be downloaded from: www.prio.no/cyprus COVER PRIO with spine:Layout 1 28/2/10 12:26 Page 2 About the author Nicos Trimikliniotis is project leader for PRIO Cyprus Centre on reconciliation, discrimination and migration and he is the national expert for the Network of Experts on Free Movement of Workers. He is Director of the Centre for the Study of Migration, Inter-ethnic and Labour Relations (including the Cypriot RAXEN and FRALEX teams) and Assistant Professor of Law and Sociology at the University of Nicosia. He has researched widely on discrimination, migration, gender, reconciliation, ethnic conflict and racism, constitutional, education and labour issues and has published several articles in books and journals. His latest works include An edited and co-authored collective volume Rethinking the Free Movement of Workers: The European Challenges Ahead, University of Nijmegen, 2009 (with Paul Minderhoud) and his monograph entitled, Η Διαλεκτική του Έθνους-Κράτους και το Καθεστώς Εξαίρεσης: Κοινωνιολογικές και Συνταγματικές Μελέτες για την Ευρω-Κυπριακή Συγκυρία [The Nation-State Dialectic and the State of Exception: Sociological and Constitutional Studies on the Eurocyprian Conjuncture], Savalas, Athens 2010. E-mail: [email protected] The report can be ordered from: PRIO Cyprus Centre P.O.Box 25157, 1307 Nicosia, Cyprus Tel: +357 22 456555/4 [email protected] This report can be downloaded from: www.prio.no/cyprus Free Movement of Workers in Cyprus and the EU EDITED BY NICOS TRIMIKLINIOTIS Fundamental Rights in Cyprus Series 1-2010 Institutt for fredforskning International Peace Research Institute, Oslo (PRIO) Hausmanns gate 7, NO-0186 OSLO, Norway Tel. +47 22 54 77 00 Fax +47 22 54 77 01 Email: [email protected] Web: www.prio.no PRIO encourages its researchers and research affiliates to publish their work in peer-reviewed journals and book series, as well as in PRIOʼs own Report, Paper and Policy Brief series. In editing these series, we undertake a basic quality control, but PRIO does not as such have any view on political issues. We encourage our researchers actively to take part in public debates and give them full freedom of opinion. The responsibility and honour for the hypotheses, theories, findings and views expressed in our publications thus rests with the authors themselves. © International Peace Research Institute, Oslo (PRIO), 2009 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or utilized in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without permission in writing from the copyright holder(s). ISBN 978-82-7288-325-5 Painting on cover by Daphne Trimikliniotis Mavrovouniotis Production: Action Global Communications CONTENTS OF VOLUME CONTENTS .....................................................................................................................III ACKNOWLEDGEMENTS ...................................................................................................V FOREWORD ARNE STRAND .................................................................................................................VII INTRODUCTION TO THE SERIES NICOS TRIMIKLINIOTIS ................................................ .......................................................IX THE SITUATION REGARDING FREE MOVEMENT OF WORKERS IN CYPRUS 2007-2009 NICOS TRIMIKLINIOTIS ........................................................................................................1 EQUAL TREATMENT OF WORKERS UNDER EC LAW AND REMEDIES AGAINST VIOLATIONS BY EMPLOYERS KEES GROENENDIJK..........................................................................................................69 EUROPEAN REPORT ON FREE MOVEMENT OF WORKERS IN EUROPE IN 2007 KEES GROENENDIJK, ROEL FERNHOUT, ELSPETH GUILD, PIETER BOELES, RYSZARD CHOLEWINSKI AND PAUL MINDERHOUD ........................................79 ACKNOWLEDGEMENTS would like to thank Paul Minderhoud and Kees Groenendijk, from the Network of Experts on Free Movement of Workers, Arne Strand, Greg Reichberg, Nicos Peristianis, Kathy IStephanides and Guido Bonino for their contribution in making this publication possible. FOREWORD he PRIO Cyprus Centre has over the years explored a range of opportunities for using research to inform and generate debates and dialogue in Cyprus and abroad on key Τissues of importance to an eventual settlement of the Cyprus problem. What has become evident throughout this research is that the Cyprus conflict not only affects the life and opportunities of the Greek Cypriot and Turkish Cypriot citizens of Cyprus. The conflict to an equal extent influences international relations and relations within the European Union, the situation for Cypriot minority groups and for those who seek to come to live or work in Cyprus. With this new report the PCC is therefore taking on a new research and dialogue area that we regard as of outmost importance for Cyprus, for the European Union and, not least, for the many individuals that migrate to Cyprus to seek income opportunities. The report is the first in a new series termed “Critical Studies on Fundamental Rights in Cyprus, the EU and Beyond” to be developed in an academic collaboration with the Centre of the Study of Migration, Inter- ethnic and Labour Relations at the University of Nicosia. The aim of the series is to unpack concepts and open up new spaces for dialogue and engagement that goes beyond the present ethnic divide in Cyprus by focusing on migrant groups as well. And, moreover, critically address the human rights issue from a new and more universal angle. Thereby to develop the debate from one that primarily has been internally and conflict focused to one that to a larger degree respond to and is tuned to an EU and international rights based discourse. One starting assumption can be that acknowledging and protecting the rights of migrant workers in Cyprus might contribute to the development of an improved human rights situation for all Cypriots. While neglecting or not defending such basic rights might actually undermine the ability in the longer run to protect basic human rights in Cyprus. While taking a critical look on how issues of individual and collective rights have become part of the political discourse, a debate on securing basic rights for those not present in the negotiation process might actually be of outmost importance to help develop a just and lasting settlement of the Cyprus conflict. Let us therefore hope that the report and the new series will help generate debate and help to secure universal human and migrant rights regime in both Cyprus, in the EU and beyond. Arne Strand Centre Manager 30 September 2009 INTRODUCTION TO THE NEW SERIES The Series on ʻCritical Studies on Fundamental Rights in Cyprus, the EU and Beyondʼ This is the first in a new series entitled Critical Studies on Fundamental Rights in Cyprus, the EU and Beyond. The first issue is partially funded by the Network of Experts on Free Movement of Workers, which held its Annual Conference on Free Movement of Workers and the National Workshop on the Free Movement of Workers in Cyprus
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