ECJ CASE-LAW ON THE CONCEPT OF „PUBLIC ADMINISTRATION” USED IN ARTICLE 45 PARAGRAPH (4) TFEU

Article English OPEN
Roxana-Mariana POPESCU (2017)
  • Publisher: Nicolae Titulescu University Publishing House
  • Journal: Challenges of the Knowledge Society (issn: 2068-7796, eissn: 2068-7796)
  • Subject: ECJ case-law | the concept of „public administration” | Article 45 paragraph (4) TFEU | Social sciences (General) | H1-99

According to Article 45 of the Treaty on the Functioning of the European Union (TFEU), „the freedom of movement for workers shall be secured within the Union”. This freedom entails the abolition of any discrimination based on nationality between the workers of Member States as regards to employment, remuneration and other working conditions. However, Article 45 paragraph (4) establishes an exception in the sense that its provisions do not apply to employment in the public administration. The concept of public administration is autonomous in the sense that it is determined by the Court of Justice of the European Union, and not by the Member States.
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