ABSTRACT
Freedom of movement for workers shall be secured within the European Union. Employers benefit because they have a greater choice of potential workers to choose from. Article 45(2) prohibits Member States, through legislation, and employers, through their terms and conditions of employment, from discriminating against workers who have moved under Article 45(1). National legislation which discriminates against workers because of their nationality, is clearly contrary to Article 45(2). Article 7(2) provides that the worker 'shall enjoy the same social and tax advantages as national workers'. Article 7(2) may even be relied upon to claim funding for migrant workers to study abroad. In Collins ECR I–2703, the European Court of Justice held that a work-seeker could also claim entitlement to certain social benefits, such as job-seeker's allowance. The Court held that, in general, work-seekers fell within the scope of Article 45 and therefore enjoyed the right to equal treatment laid down in Article 45(2).
