free movement of workers, the public sector, employment in the public service, exercise of powers conferred by public law, protection of state interests
Abstract
Over past 40 years the principle of free movement of workers has been continuously developed and strengthened. At the beginning this fundamental right was formed for the economically active participants of labour market; then it was gradually extended to other sectors of society, including the public. The research object of this article – is free movement of workers in the public sector. The author of this article pursues to reveal similarities and differences of free movement of workers in both public and private sectors, highlights legal, administrative and practical obstacles of the implementation of this law. Public sector, in particular, firstly, is seen as the sector in which the creation of various jobs must be identified. Particular attention is paid to the application of the exception in the “work of the civil service” teleological analysis. The measures of the European Commission for the modernization of the sector are also identified.
