Council Regulation Number 1612/68 of the EEC defines a migrant worker as a national of any member state of the EU who seeks employment in any other member state and it enjoins upon the member states to treat the migrant worker on par with the indigenous workers. Article 12 of the EC Treaty enjoins upon the member countries to accord facilities to the children of workers from other member countries, who are or were employed in that member country, similar to those that it does to the children of its own citizens3. Article 18(1) of the EC Treaty, bestows on every citizen of the union the right to free movement and residence within the territory of the Member States.
EC Directive 2004/38 amends Regulation 1612/68 of the EEC to the effect that a citizen of the Union can reside in another Member State for three months with a valid passport or identity card. For subsequent periods, extending to five years thereafter, such residence is conditional, in as much as that such a person must be either a worker, self-employed or "have sufficient resources so as not to become a burden on the social security system of the host State and have comprehensive sickness insurance"4.
Ms Jones after graduation from Sunderland University in 2005 with a Business Degree went on a European tour. While in Spain she applied for a post as an English teacher at a Financial Securities Academy. However, at the interview she discovered that she was ineligible for this post as she was not a Spanish national and since such posts had been classified as belonging to the "public service", and for which only Spanish nationals could be appointed, resulting in the ineligibility of non-nationals.
Ms Jones was denied employment on the grounds that she was not Spanish National. However, Article 5 of Title I of the EU Regulation 1612/68, which has been discussed above, deals with the free circulation of workers within the European Union, directs the State employment offices have to render help to an EU foreigner seeking employment in another EU country, which is akin to that rendered to their own nationals.
Article 1 of the EU Regulation 1612/68, states that any national of a Member State, shall, irrespective of her place of residence, have the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State.
She shall, in particular, have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State5. According to Article 12, a Spanish Work or Residence permit, is not only available to any EU worker but also to any family member of the EU worker. All of these rights regarding the free circulation of workers within the European Union are set out in EU Regulation. Title 1 of these regulations specifically prohibits any member country from applying rules or imposing unusual conditions in respect of employment of EU foreigners.
It is also prohibited to force foreigners to register with employment offices as a precondition for employment. Further, it is proscribed to raise obstacles in the hiring of EU foreign nationals who do not officially reside in that country. In practice this implies that an EU citizen