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The Parliamentary Roots of European Social Policy pp 127–170Cite as

Palgrave Macmillan

Creating a Borderless Europe: The European Parliament’s Activism in the Pursuit of a Free Movement of Persons

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Part of the book series: Palgrave Studies in European Union Politics ((PSEUP))

Abstract

In Community legislation, the free movement of persons remained inextricably linked with the factor of employment throughout the entire period under consideration. From the 1950s, MEPs contested this limitation, and attempted to broaden the Communities’ in their eyes too narrow definition of the freedom of movement. To the majority of MEPs, this freedom signified considerably more than a tool to balance the offer and demand of manpower and to fight unemployment and labour shortages: namely, an inherent element of identity-building in the construction of a united Europe.

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Notes

  1. 1.

    For similar reasons, the chapter leaves out the free movement of services, regulated in Arts. 59–66 EEC: the free movement of services was not treated as a social policy issue at Community level up to the 1980s. See Leibfried (1998: 36).

  2. 2.

    On bilateral agreements concerning labour migration in the first half of the twentieth century, see i.a. Leboutte (2008: 641); Collins (1975a: 68) and (1975b: 102 et seqq.).

  3. 3.

    See Collins (1975a: 63).

  4. 4.

    See Geyer (2000: 1833).

  5. 5.

    See Shanks (1977: 5).

  6. 6.

    See Dahlberg (1967: 311).

  7. 7.

    Unless that worker would be considered a threat to “public order, public safety and public health”, as stated in Art. 48 EEC. Excluded were also all workers employed in the public sector.

  8. 8.

    Art. 50 EEC. This article is discussed in more detail in Chapter 6 on the EP’s children and youth policy.

  9. 9.

    Both in OJ P30, 16 December 1958, pp. 561–664/58.

  10. 10.

    See Hantrais (2007: 215).

  11. 11.

    See Regulation no. 1612/68, adopted on 15 October 1968 (OJ L 257, 19 October 1968, pp. 2–12).

  12. 12.

    See i.a. Action Programme in favour of migrant workers and their families (Com(74)2250); Council Regulation (EEC) No 2595/77 of 21 November 1977 amending Regulations (EEC) No. 1408/71 and (EEC) No. 574/72 on the application of social-security schemes to employed persons and their families moving within the Community (OJ L 302, 26 November 1977, pp. 1–12); Proposal from the Commission for a Decision on setting up a second joint programme of exchanges of young workers within the Community, 6 April 1979 (PE0_AP_RP!ASOC.1976_A0-0091!790030EN_058725).

  13. 13.

    See Geyer (2000: 1838 et seq.). It should be mentioned that this hit third-country migrants considerably harder than Community migrants.

  14. 14.

    See Council Resolution of 9 February 1976 (aei.pitt.edu/1278/1/actionmigrantworkersCOM742250.pdf, last visit on 14 June 2018).

  15. 15.

    Geyer (2000: 1838).

  16. 16.

    See i.a. Ireland (1995: 239 et seq.).

  17. 17.

    See Streil (1986: 95).

  18. 18.

    See i.a. Recchi (2015: 24); Moussis (2007: 269); Ribas (1969: 172 et seqq.).

  19. 19.

    See Kornerup (1978: 243).

  20. 20.

    Geyer (2000: 1834).

  21. 21.

    O’Grada (1969: 83).

  22. 22.

    See Recchi (2015: 24 et seq.).

  23. 23.

    See Ribas (1969: 182 et seqq.).

  24. 24.

    Art. 96 Euratom provided for EP consultation on the free movement of experts in the field of nuclear energy; however, the number of concerned persons was so low that this right of the EP cannot be considered a significant formal power of the EP in the area of social policy.

  25. 25.

    Art. 7 EEC, emphasis added.

  26. 26.

    See e.g. Written Question no. 311/75 by Pierre-Bernard Cousté, 29 July 1975 (PE0_AP_QP!QE_E-0311!750030FR_195958).

  27. 27.

    See e.g. Letter by Council President Werner to EP President Leemans, 1 March 1966 (PE0_AP_RP!ASOC.1967_A0-0158!670020DE_002870).

  28. 28.

    See i.a. Resolution on Commission proposals for a regulation and directive on the abolition of travel and residence limitations of workers and their families within the Communities, 17 October 1967 (PE0_AP_RP!ASOC.1967_A0-0128!670001DE); Resolution on a Commission proposal for a regulation on the creation of harmonised statistics about foreign workers, 13 November 1972 (PE0_AP_RP!ASOC.1967_A0-0167!720001DE); Resolution on a Commission proposal for a regulation amending Regulation (EEC) 1612/68 on the extension of trade union rights to Community migrant workers, 13 November 1975 (PE0_AP_RP!ASOC.1973_A0-0354!750001EN).

  29. 29.

    For examples of such attempts of pushing the High Authority/Commission to take initiatives beyond Treaty provisions based on Arts. 96 ECSC and 155 EEC, see i.a. speeches by Hermann Kopf and Alfred Bertrand during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), p. 305 and 287 respectively; Report by the Committee on Social Affairs on a Commission proposal for a recommendation concerning the housing of workers moving within the Community, 15 March 1965 (PE0_AP_RP!ASOC.1961_A0-0002!650010DE_000628), p. 4 et seq.

  30. 30.

    See i.a. the speech by Albert Bertrand during plenary debate on 15 June 1953 (AC_AP_DE!1953_DE19530615-029900DE), p. 23, in which he demanded a Community labour card to be the first social measure of the ECSC.

  31. 31.

    See i.a. Resolution on the free movement of workers within Community, 9 November 1957 (AC_AP_RP!ASOC.1953_AC-0011!57-novembre0001DE); Report by the Committee on Social Affairs on Commission proposals concerning first measures for the establishment of the free movement of frontier and seasonal workers, 25 June 1962 (PE0_AP_RP!ASOC.1961_A0-0037!620010DE_00700001), p. 6; Resolution on the results of study trips by members of the Committee on Social Affairs concerning problems of free movement, 23 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!630001DE); Resolution on an action programme in favour of migrant workers and their families, 24 September 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750001EN).

  32. 32.

    With regard to refugees and stateless persons, the EP succeeded in broadening the scope of Community provisions concerning the free movement of workers considerably beyond Treaty provisions by including persons that did not hold a Community citizenship. For instance, Regulation 1408/71 of 14 June 1971—which is still in force today—applies not only to Community citizens, but also to stateless persons and refugees based on EP amendments. See Art. 2 (1) of Regulation 1408/71; and on the related EP activism i.a. Resolution on a Commission proposal for a directive on the coordination of special measures of travel and residence of foreigners based on reasons of public order, security and health, 22 November 1962 (PE0_AP_RP!MACO.1961_A0-0102!620001DE); Resolution on Commission proposals concerning the free movement of workers, 28 March 1963 (PE0_AP_RP!ASOC.1961_A0-0007!630001DE); Resolution on Commission proposals for a regulation on the application of social-security systems on workers and their families moving within the Community, and a decision on the application of Art. 51 EEC on French Overseas Departments, 25 January 1968 (PE0_AP_RP!ASOC.1967_A0-0158!670001DE_0001); Written Questions 982/78 and 983/78 by Antoine Porcu to the Commission, both 17 January 1979 (OJ C92, 9 April 1979, pp. 12–14); Written Question 1075/78 by Willem Albers to the Commission, 21 February 1979 (PE0_AP_QP!QE_E-1075!780040FR_223441).

  33. 33.

    See i.a. Minutes of a meeting of members of the Committee on Social Affairs and the Employment Ministers of the Six on 27 October 1954, 10 November 1954 (AC_AP_RP!ASOC.1953_AC-0014!55-mai0040FR_0311125); Resolution on the free movement of workers within Community, 9 November 1957 (AC_AP_RP!ASOC.1953_AC-0011!57-novembre0001DE). On the European Office for the Coordination and Balancing of Employment Supply and Demand, see Collins (1975b: 30). On SEDOC, see Brewster and Teague (1989: 88).

  34. 34.

    See Resolution on an action programme in favour of migrant workers and their families, 24 September 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750001EN); Decision No. 189 of 18 June 2003 aimed at introducing a European health insurance card to replace the forms necessary for the application of Council Regulations (EEC) No. 1408/71 and (EEC) No. 574/72 as regards access to health care during a temporary stay in a Member State other than the competent State or the State of residence (OJ L 276, 27 October 2003, pp. 1–3).

  35. 35.

    See EP Resolution on the action programme in favour of migrant workers and their families mentioned above.

  36. 36.

    See Report by the Committee on Social Affairs on an action programme in favour of migrant workers and their families, 31 July 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750010EN_033796), p. 17.

  37. 37.

    See i.a. speech by Alfred Bertrand during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), p. 287; Resolution on a Commission proposal for a regulation on the social security of migrant workers and their families, 25 November 1968 (PE0_AP_RP!ASOC.1967_A0-0158!680001DE); speech by Hendrikus Vredeling during plenary debate on 18 June 1970 (PE0_AP_DE!1970_DE19700618-019900DE_9306557), p. 117; Report by the Committee on Social Affairs on a Commission proposal for a regulation amending Regulation (EEC) No. 1612/68 on the extension of trade union rights to workers moving within the Community, 10 November 1975 (PE0_AP_RP!ASOC.1973_A0-0354!750010EN_034140), p. 6.

  38. 38.

    See i.a. Report by the Committee on the Common Market on a Commission proposal for a directive on the coordination of special measures concerning the travel and residence of foreigners based on reasons of public order, security and health, 21 November 1962 (PE0_AP_RP!MACO.1961_A0-0102!620010DE_00550955), p. 5; Written Question 396/69 by Walter Behrendt and Horst Bruno Gerlach to the Commission, 12 December 1969 (PE0_AP_QP!QE_E-0396!690010DE_127896); Resolution on a Commission proposal for a regulation amending Regulations (EEC) No. 1408/71 and (EEC) No. 574/72, 14 October 1975 (PE0_AP_RP!ASOC.1973_A0-0286!750001EN); Resolution on a Commission proposal for a regulation amending Regulation (EEC) 1612/68 on the extension of trade union rights to Community migrant workers, 13 November 1975 (PE0_AP_RP!ASOC.1973_A0-0354!750001EN).

  39. 39.

    See i.a. Resolution on the results of study trips by the Committee on Social Affairs concerning problems of free movement, 23 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!630001DE); Report by the Committee on Social Affairs on Commission proposals for a regulation on the free movement of workers within the Community, and a directive on abolition of limitations of travel and residency for workers and their families in the Community, 10 October 1967 (PE0_AP_RP!ASOC.1967_A0-0128!670010DE_003906), p. 44; Report by the Committee on Social Affairs on an action programme in favour of migrant workers and their families, 31 July 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750010EN_033796), p. 9.

  40. 40.

    See i.a. Resolution on a Commission proposal for a regulation concerning first measures to implement the free movement of workers, and on administrative measures concerning free movement, 16 November 1960 (PE0_AP_RP!ASOC.1958_A0-0067!600001DE_0001); speech by Josef Müller during plenary debate on 25 November 1968 (PE0_AP_DE!1968_DE19681125-019900DE_9306121), p. 7.

  41. 41.

    See Report by the Committee on Social Affairs on the results of study trips to the member states concerning specific problems of free movement, 20 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!640010DE_00699509), p. 2; Resolution on the results of study trips to the member states concerning specific problems of free movement, 23 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!630001DE).

  42. 42.

    The Council accepted an EP amendment to Art. 7 of Directive 68/360/EEC of 15 October 1968, which granted migrants a temporary right to stay in another member state without having employment there, in case the worker became involuntarily unemployed or temporarily incapable of work. See EP Resolution on a draft regulation and directive on free movement and the abolition of travel and residence limitations of workers and their families within the Communities, 17 October 1967 (PE0_AP_RP!ASOC.1967_A0-0128!670001DE); Council Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of member states and their families, 15 October 1968 (OJ L 257, 19 October 1968, pp. 13–16); and also Commission proposal for a Commission regulation on the right to stay, 17 December 1969 (PE0_AP_RP!ASOC.1967_A0-0010!700040DE_009007).

  43. 43.

    Whereas the Commission already included in its first free movement-related proposals after the Treaties of Rome the right to vote in representatives’ elections, the right of migrant workers to be elected as representative entered Community legislation only with a successful EP amendment to Art. 8 of the later Regulation 38/64/EEC. See Resolution on Commission proposals concerning the free movement of workers, 28 March 1963 (PE0_AP_RP!ASOC.1961_A0-0007!630001DE), amendment to Art. 11; Regulation 38/64/EEC, 25 March 1964 (http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:31964R0038&from=DE, last visit 17 February 2021), Art. 8. On the EP’s engagement concerning migrant workers’ political rights with regard to workers’ representations, see also Resolution on a Commission proposal for a directives concerning the free access to qualified jobs in Euratom, 15 November 1961 (PE0_AP_RP!RECH.1961_A0-0070!610001DE_0001); Resolution on the results of study trips by the Committee on Social Affairs concerning problems of free movement, 23 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!630001DE); Resolution on a draft regulation and directive on the abolition of travel and residence limitations of workers and their families within the Communities, 17 October 1967 (PE0_AP_RP!ASOC.1967_A0-0128!670001DE).

  44. 44.

    See i.a. Written Question 536/71 by Ernest Glinne to the Commission, 26 January 1972 (PE0_AP_QP!QE_E-0536!710010DE_159166); Written Question 537/71 by Ernest Glinne to the Council, 26 January 1972 (PE0_AP_QP!QE_E-0537!710010DE_159181).

  45. 45.

    See Resolution on an action programme in favour of migrant workers and their families, 24 September 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750001EN), which demands i.a. the “extension of the civil and political rights enjoyed by ordinary citizens over 18 years to all migrant workers irrespective of their origin”.

  46. 46.

    See Report by the Committee on Social Affairs on an action programme in favour of migrant workers and their families, 31 July 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750010EN_033796), p. 21. At municipal and European level, migrants were only granted the right to vote in the Maastricht Treaty. See Art. 8b of the Treaty on European Union, 7 February 1992 (OJ C 191, 29 July 1992, pp. 1–112; here: p. 7). Migrants’ voting rights at national level are a subject of unresolved debate until today, with individual solutions by the member states seeming more feasible than an EU-level regulation, as shown, e.g. in the—failed—2015 referendum on non-nationals’ voting rights in Luxembourg. For a summary of the results see for instance the coverage by the Luxembourgish newspaper ‘Luxemburger Wort’ (https://www.wort.lu/en/politics/full-foreigner-voting-rights-rejection-deciding-the-next-move-5576a18b0c88b46a8ce5aee6?utm_campaign=magnet&utm_source=article_page&utm_medium=related_articles, last visit 17 February 2021).

  47. 47.

    During a plenary debate on the education of migrant workers’ children on 13 November 1975, the Italian MEP Tullia Carettoni Romagnoli declared that, with intra-Community migrants’ children, “the European citizen has in fact been born” (PE0_AP_DE!1975_DE19751113-079900EN_9312877), p. 276.

  48. 48.

    Speech by Ralph Howell during plenary debate on 14 October 1975 (PE0_AP_DE!1975_DE19751014-039900EN_9316491), p. 87.

  49. 49.

    See i.a. Report by the Committee on Social Affairs on two petitions concerning an International Charter of Migrants’ Rights, and a European Migrant Workers’ Charter, 27 May 1974 (PE0_AP_RP!ASOC.1973_A0-0084!740010EN_024260), p. 15.

  50. 50.

    See i.a. Report by the Committee on Social Affairs on the results of study trips to the member states concerning specific problems of free movement, 20 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!640010DE_00699509), p. 8.

  51. 51.

    See Report by the Committee on Social Affairs on an action programme in favour of migrant workers and their families, 31 July 1975 (PE0_AP_RP!ASOC.1973_A0-0160!750010EN_033796), p. 15.

  52. 52.

    See ibid., p. 16.

  53. 53.

    See i.a. Resolution on a Commission proposal for a regulation concerning legislation for the settlement of labour disputes in the Community, 18 January 1973 (PE0_AP_RP!JURI.1961_A0-0261!720001EN); Report by the Committee on Social Affairs on Commission proposals for regulations concerning the social security of self-employed persons and their families moving within the Community, 8 May 1978 (PE0_AP_RP!ASOC.1976_A0-0087!780010EN_052256), p. 13.

  54. 54.

    Speech by Leon-Eli Troclet during plenary debate on 25 January 1968 (PE0_AP_DE!1967_DE19680125-019900DE_9305929), p. 177. See i.a. also speech by Cornelis Berkhouwer during plenary debate on 25 November 1968 (PE0_AP_DE!1968_DE19681125-019900DE_9306121), p. 10.

  55. 55.

    See i.a. speech by Alfred Bertrand during plenary debate on 15 January 1953 (AC_AP_DE!1953_DE19530615-029900DE), p. 23.

  56. 56.

    See i.a. Resolution on petition 4/70 on the improvement of the situation of Italian guest workers in the Community, and about the adoption of a European Migrant Worker Statute, 21 September 1971 (PE0_AP_RP!ASOC.1967_A0-0051!710001DE_0001).

  57. 57.

    See i.a. speech by Alfred Bertrand during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), p. 289; Resolution on Commission proposals for regulations amending Regulations (EEC) 1408/71 and 574/72, 11 May 1979 (PE0_AP_RP!ASOC.1976_A0-0148!790001EN).

  58. 58.

    See i.a. Resolution on social policy matters, 13 May 1955 (AC_AP_RP!ASOC.1953_AC-0014!55-mai0001DE).

  59. 59.

    See speech by Gerard Nederhorst during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), p. 308.

  60. 60.

    Vote explanations were in the area of free movement increasingly used during the 1970s, arguably influenced by the Communities’ first enlargement and the entry of British, Danish and Irish MEPs. Particularly British MEPs were not used to the bulk of (pre-)decision-making within Parliament being made outside the plenary sessions, namely in party-group and committee meetings. As a consequence, they attempted to bring more controversy into plenary meetings through different procedures that were already formally provided, though not hitherto excessively used. See i.a. Roos (2019); Murray (2004: 110 et seqq.).

  61. 61.

    See speech by Alessandro Bermani during plenary debate on 14 October 1975 (PE0_AP_DE!1975_DE19751014-039900EN_9316491), p. 88.

  62. 62.

    See speech by Elaine Kellett-Bowman during plenary debate on 9 May 1978 (PE0_AP_DE!1978_DE19780509-119900EN_9395305), p. 114. On a similar note, see speech by Aldo Masullo, speaking for the Communists and Allies Group during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), p. 25.

  63. 63.

    The act of not participating in a vote in order not to cast a negative vote has also been confirmed (though not limited to free movement, but as a standard informal procedure in the EP prior to 1979) in an interview with the author by the French Progressive Democrat Alain Terrenoire. For an example from the area of free movement, see speech by Lord Hugh Reay during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), p. 24. Krumrey (2018: 125 seq.) discusses examples from the 1950s in which French Gaullist and German SPD MEPs abstained rather than voting against a resolution.

  64. 64.

    See i.a. speech by Alfred Bertrand during plenary debate on 15 June 1953 (AC_AP_DE!1953_DE19530615-029900DE); speech by Raul Zaccari during plenary debate on 9 October 1969 (PE0_AP_DE!1969_DE19691009-059900DE_9304782), p. 187; Resolution on the abuse of the principle of the free movement of labour, 16 November 1976 (PE0_AP_PR_B0-0424!760001EN_0001); speech by Ferruccio Pisoni during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), p. 18.

  65. 65.

    Speech by Ferruccio Pisoni during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), p. 18.

  66. 66.

    See Art. 49 EEC; Mechi (2010: 164).

  67. 67.

    See i.a. Forsyth (1964: 137); Koen van Zon’s doctoral thesis “Assembly Required. Institutional Representation in the European Communities” (Radboud University Nijmegen, 2020).

  68. 68.

    In the only plenary session in 1952, namely the EP’s first plenary session in September that year, the delegates dealt with administrative and institutional rather than political issues.

  69. 69.

    The column for the year 1979 represents only the period prior to the EP’s first direct elections in June that year. The same applies to Figs. 5.1, 5.2, 6.2, 6.3, 7.1 and 7.2.

  70. 70.

    See i.a. Resolution on social policy issues, 13 May 1955 (AC_AP_RP!ASOC.1953_AC-0014!55-mai0001DE); Report by the Committee on Social Affairs on the free movement of workers within the Community, November 1957 (AC_AP_RP!ASOC.1953_AC-0005!57-novembre0010DE_00001000), p. 34; Resolution on the free movement of workers within Community, 9 November 1957 (AC_AP_RP!ASOC.1953_AC-0011!57-novembre0001DE).

  71. 71.

    See i.a. Report by the Committee on Social Affairs on Chapter V of the second General Report on the activity of the ECSC (April 1953 to April 1954), 10 May 1954 (AC_AP_RP!ASOC.1953_AC-0018!54-mai0010DE), p. 7; Report by the Committee on Social Affairs on the results of study trips concerning problems of free movement, 20 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!640010DE_00699509); Resolution on the results of study trips by members of the Committee on Social Affairs concerning problems of free movement, 23 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!630001DE). Report by the Committee on Social Affairs concerning the Regulation on the first measures implementing the free movement of workers within the Communities, 13 November 1961 (PE0_AP_RP!ASOC.1961_A0-0086!610010DE_00549139).

  72. 72.

    The EP had demanded such an application of the respectively most favourable conditions with regard to freedom of movement already shortly after the signature of the Treaties of Rome. See Report by the Committee on Social Affairs on the free movement of workers within the Community, November 1957 (AC_AP_RP!ASOC.1953_AC-0005!57-novembre0010DE_00001000), p. 15.

  73. 73.

    See i.a. Report by the Committee on Social Affairs on a draft Commission recommendation concerning the construction of housing for migrants moving within the Communities, 15 March 1965 (PE0_AP_RP!ASOC.1961_A0-0002!650010DE_000628), p. 8; Report by the Committee on Health Issues concerning the effects of the executives’ merger concerning safety, hygiene at work and health protection, 22 April 1965 (PE0_AP_RP!SANI.1961_A0-0013!650010DE_000167); Report by the Committee on Social Affairs concerning the social aspects of the executives’ merger, 10 May 1965 (PE0_AP_RP!ASOC.1961_A0-0038!650010DE_000596).

  74. 74.

    See i.a. Westlake (1990: 17 et seq.); Freestone and Davidson (1988: 81); Noël (1979: 66 et seqq.).

  75. 75.

    See i.a. Written Question 265/72 by Lucien Radoux to the Commission, 22 August 1972 (PE0_AP_QP!QE_E-0265!720010DE_166058); Written Question 144/73 by Lord O’Hagan to the Commission, 6 June 1973 (PE0_AP_QP!QE_E-0144!730060EN_176156); Written Question 237/74 by Luigi Marras to the Commission, 10 July 1974 (PE0_AP_QP!QE_E-0237!740010EN_187094).

  76. 76.

    See i.a. Written Question 6/69 by Nicola Romeo to the Council, 13 March 1969 (PE0_AP_QP!QE_E-0006!690020DE_126976); Written Question 311/75 by Pierre-Bernard Cousté to the Council, 29 July 1975 (PE0_AP_QP!QE_E-0311!750030FR_195958); Written Question 66/76 by Willem Albers to the Council, 26 March 1976 (PE0_AP_QP!QE_E-0066!760020FR_197948); Oral Question 101/76 by a group of Socialist MEPs to the Council, 22 February 1977 (PE0_AP_QP!QO_O-0101!760010FR_237875); Oral Question with debate 8/69 by the Committee on Social Affairs to the Commission, 23 September 1969 (PE0_AP_QP!QO_O-0008!690010DE_235468); Written Question 536/71 by Ernest Glinne to the Commission, 26 January 1972 (PE0_AP_QP!QE_E-0536!710010DE_159166).

  77. 77.

    See i.a. Resolution on a petition on the improvement of the situation of Italian guest workers in the Community, and about a European Migrant Workers’ Charter, 21 September 1971 (PE0_AP_RP!ASOC.1967_A0-0051!710001DE_0001); Resolution on two petitions on an International Charter of Migrant Workers’ Rights, and a European Migrant Workers’ Charter, 12 June 1974 (PE0_AP_RP!ASOC.1973_A0-0084!740001EN).

  78. 78.

    See Schimmelfennig (2001).

  79. 79.

    Rosén (2016: 1452).

  80. 80.

    Emmanuel M. J. A. Sassen spoke during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682, p. 301) of the “political psychological desirability of certain official or semi-official consultations not mandatorily required by the Treaty” (translated by the author; original quote: “politischen und psychologischen Erwünschtheit gewisser im Vertrag nicht zwingend vorgeschriebener amtlicher oder halbamtlicher Konsultationen”).

  81. 81.

    See Additional report by the Committee on Social Affairs concerning the regulation on the first measures to implement the free movement of workers within the Community, 13 November 1961 (PE0_AP_RP!ASOC.1961_A0-0086!610010DE_00549139), p 1; Report by the Committee on Social Affairs on Commission proposals for a regulation on first measures to implement the free movement of workers within the Community and for directives on administrative practices concerning free movement, 5 October 1960 (PE0_AP_RP!ASOC.1958_A0-0067!600010DE_00435459), p. 9.

  82. 82.

    See i.a. Commission proposal V/8/02210/64/fin., 31 July 1964; Letter by Council President Luns to EP President Furler, 8 August 1960 (PE0_AP_RP!ASOC.1958_A0-0067!600110DE_00435487); Letter by Council President Erhard to EP President Furler, 22 December 1961 (PE0_AP_RP!ASOC.1961_A0-0003!620030DE_00549051). The Council Presidents’ letters very likely took over a similar formulation by the Commission, who asked the Council in the above-mentioned cases to consult the EP. Indeed, this formulation only appears if the Council President’s letter mentions that the EP is consulted based on recommendation of the Commission.

  83. 83.

    See Report by the Committee on Social Affairs on a Commission proposal for a Commission recommendation concerning the housing construction for migrant workers, 15 March 1965 (PE0_AP_RP!ASOC.1961_A0-0002!650010DE_000628), p. 4.

  84. 84.

    For a comparable case of acknowledgement by the Commission of the EP’s right to be consulted, see Written Question 79/62 by Leon-Eli Troclet to the Commission, 24 August 1962 (PE0_AP_QP!QE_E-0079!620010DE_072064); Answer by the Commission to Written Question 79/62 by Leon-Eli Troclet, 4 October 1962 (PE0_AP_QP!QE_E-0079!620030DE_072073).

  85. 85.

    See Report by the Committee on Social Affairs on a Commission proposal for a regulation on the social security of frontier workers, 19 March 1962 (PE0_AP_RP!ASOC.1961_A0-0003!620010DE_00549045), p. 1.

  86. 86.

    See Letter by Walter Hallstein, President of the Commission, to Ludwig Erhard, President-in-Office of the Council, 5 December 1961 (PE0_AP_RP!ASOC.1961_A0-0003!620040FR_00549054).

  87. 87.

    See Letter by Ludwig Erhard, President-in-Office of the Council, to Hans Furler, President of the EP, 22 December 1961 (PE0_AP_RP!ASOC.1961_A0-0003!620030DE_00549051).

  88. 88.

    See Report by the Committee on Social Affairs on a draft recommendation by the Commission concerning the construction of housing for migrant workers, 15 March 1965 (PE0_AP_RP!ASOC.1961_A0-0002!650010DE_000628), p. 4.

  89. 89.

    Confirmed in interviews by Charles McDonald, Fionnuala Richardson, Heinz Schreiber and Horst Seefeld.

  90. 90.

    See i.a. Resolution on a Commission proposal for a regulation concerning first measures to implement the free movement of workers, and on administrative measures concerning free movement, 15 October 1960 (PE0_AP_RP!ASOC.1958_A0-0067!600001DE_0001); Resolution on Commission proposals concerning the application of social-security systems to migrant workers and their families, 12 March 1973 (PE0_AP_RP!ASOC.1967_A0-0331!720001EN).

  91. 91.

    See i.a. Resolution on a regulation concerning the establishment of the free movement of workers in the Community, 22 November 1961 (PE0_AP_RP!ASOC.1961_A0-0086!610001DE); Resolution on a Commission proposal for a directive on the coordination of special measures for the travel and stay of foreigners based on reasons of public order, security and health, 22 November 1961 (PE0_AP_RP!MACO.1961_A0-0102!620001DE); Resolution on Commission proposals for a regulation and directive on the abolition of travel and residence limitations of workers and their families within the Communities, 17 October 1967 (PE0_AP_RP!ASOC.1967_A0-0128!670001DE).

  92. 92.

    See Resolution on a Commission proposal for a regulation concerning first measures to implement the free movement of workers [the later Regulation No. 15], and on regulations on administrative procedures concerning the entry, occupation and residence of migrant workers and their families in the Community, 15 October 1970 (PE0_AP_RP!ASOC.1958_A0-0067!600001DE_0001).

  93. 93.

    See Resolution on a Commission proposal for a regulation on the implementation of Regulation (EEC) No. 1408/71, 19 November 1971 (PE0_AP_RP!ASOC.1967_A0-0168!710001DE).

  94. 94.

    See i.a. speeches by Commissioner Lionello Levi Sandri during plenary debate on 27 March 1962 (PE0_AP_DE!1962_DE19620327-039900DE_9301022), pp. 25 et seqq., and on 9 October 1969 (PE0_AP_DE!1969_DE19691009-059900DE_9304782), pp. 180 et seqq.

  95. 95.

    See i.a. Report by the Committee on Social Affairs on Commission proposals for a regulation concerning the application of social-security systems on migrant workers and their families, and a decision concerning the application of Art. 51 EEC on French Overseas Departments, 30 December 1967 (PE0_AP_RP!ASOC.1967_A0-0158!670010DE_002866); plenary debate on the report, 25 January 1968 (PE0_AP_DE!1967_DE19680125-019900DE_9305929), pp. 175–189.

  96. 96.

    See i.a. speeches by Commissioner Patrick Hillery during plenary debate on 12 March 1973 (PE0_AP_DE!1972_DE19730312-019900EN_9308222), p. 7, and 15 March 1974 (PE0_AP_DE!1974_DE19740315-049900EN_9311215), p. 213 et seq.

  97. 97.

    See i.a. speech by Commissioner Hendrikus Vredeling during plenary debate on 9 May 1978 (PE0_AP_DE!1978_DE19780509-119900EN_9395305), pp. 115 et seqq.

  98. 98.

    See i.a. speech by Commissioner Hendrikus Vredeling during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), pp. 26 et seqq.

  99. 99.

    See i.a. speech by Commissioner Hendrikus Vredeling during plenary debate on 14 November 1977 (PE0_AP_DE!1977_DE19771114-029900EN_9318045), p. 27.

  100. 100.

    See Written Question 40/62 by Hendrikus Vredeling to the Commission, 6 June 1962 (PE0_AP_QP!QE_E-0040!620010DE_092952). See also Written Question 77/63 by Hendrikus Vredeling to the Commission, 6 September 1963 (PE0_AP_QP!QE_E-0077!630010DE_073506), and the Commission’s answer, 10 October 1963 (PE0_AP_QP!QE_E-0077!630030DE_073516).

  101. 101.

    See i.a. Report by the Committee on Social Affairs on a Commission proposal concerning the social security of frontier workers, 19 March 1962 (PE0_AP_RP!ASOC.1961_A0-0003!620010DE_00549045), p. 1.

  102. 102.

    See speech by Leon-Eli Troclet during plenary debate on 25 January 1968 (PE0_AP_DE!1967_DE19680125-019900DE_9305929), p. 176; Report by the Committee on Social Affairs on Commission proposals for a regulation concerning the application of social-security systems on migrant workers and their families, and a decision concerning the application of Art. 51 EEC on French Overseas Departments, 30 December 1967 (PE0_AP_RP!ASOC.1967_A0-0158!670010DE_002866).

  103. 103.

    See i.a. Letter by Joseph M. A. H. Luns, President of the Council, to Hans Furler, President of the EP, forwarding Commission proposal V/COM(60) 85 fin., 8 August 1960 (PE0_AP_RP!ASOC.1958_A0-0067!600110DE_00435487); Letter by Walter Hallstein, President of the Commission, to Ludwig Erhard, President of the Council, forwarding Commission proposal V/COM(61) 175 fin., 5 December 1961 (PE0_AP_RP!ASOC.1961_A0-0003!620040FR_00549054); Letter by Georges Gorse, President of the Council, to Gaetano Martino, President of the EP, forwarding Commission proposal V/COM(62) 31 fin., 3 April 1962 (PE0_AP_RP!ASOC.1961_A0-0037!620080DE_00700011).

  104. 104.

    See Minutes of the meeting of the member states’ employment ministers with members of the EP’s Committee on Social Affairs on 27 October 1954, 10 November 1954 (AC_AP_RP!ASOC.1953_AC-0014!55-mai0040FR_0311125).

  105. 105.

    See speech by Alfred Bertrand during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), p. 288.

  106. 106.

    See i.a. Report by the Committee on Social Affairs concerning the regulation on the first measures implementing the free movement of workers within the Community, 13 November 1961 (PE0_AP_RP!ASOC.1961_A0-0086!610010DE_00549139), p. 7 et seq.

  107. 107.

    See i.a. Report by the Committee on Social Affairs on a regulation on the establishment of the free movement of workers, 13 November 1961 (PE0_AP_RP!ASOC.1961_A0-0086!610010DE_00549139); Report by the Committee on Social Affairs on a number of study trips, 20 January 1964 (PE0_AP_RP!ASOC.1961_A0-0118!640010DE_00699509).

  108. 108.

    See i.a. Communication to members of the Committee on Social Affairs, 30 April 1962 (PE0_AP_RP!ASOC.1961_A0-0037!620060FR_00700008), containing a question by Gerard Nederhorst to the Dutch government about how it interpreted Regulation No. 15 on free movement. See also Written Question 879/77 by Gustave Ansart to the Commission, 9 December 1977 (PE0_AP_QP!QE_E-0879!770040FR_207787), which shows that Ansart met with the French Minister of Health Simone Veil to discuss the coordination of social-security regimes with regard to non-salaried migrant workers.

  109. 109.

    See i.a. speech by Alfred Bertrand during plenary debate on 10 May 1955 (AC_AP_DE!1954_DE19550510-029900DE_9308682), pp. 289 and 292; Resolution on social policy issues, 13 May 1955 (AC_AP_RP!ASOC.1953_AC-0014!55-mai0001DE); speech by Commissioner Lionello Levi Sandri during plenary debate on 11 March 1966 (PE0_AP_DE!1966_DE19660311-039900DE_9303566), p. 211.

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Roos, M. (2021). Creating a Borderless Europe: The European Parliament’s Activism in the Pursuit of a Free Movement of Persons. In: The Parliamentary Roots of European Social Policy. Palgrave Studies in European Union Politics. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-78233-7_4

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