Keywords
Summary

Keywords

FREE MOVEMENT OF PERSONS - WORKERS - DEROGATIONS - RESTRICTIVE INTERPRETATION - ACT OF ACCESSION OF THE HELLENIC REPUBLIC - TRANSITIONAL PROVISIONS - WORK PERMIT - FIRST GRANT TO A GREEK NATIONAL - CONDITIONS - STRENGTHENING OF NATIONAL RESTRICTIONS AFTER THE ENTRY INTO FORCE OF THE ACT OF ACCESSION - PROHIBITED

( EEC TREATY , ART . 48 ; ACT OF ACCESSION , ARTS 44 AND 45 ( 1 ))

Summary

THE TRANSITIONAL PROVISION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 45 ( 1 ) OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE HELLENIC REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES CONSTITUTES A DEROGATION FROM THE PRINCIPLE OF THE FREE MOVEMENT OF WORKERS LAID DOWN IN ARTICLE 48 OF THE EEC TREATY . AS SUCH IT MUST BE INTERPRETED RESTRICTIVELY , AS IS APPARENT FROM ARTICLE 44 OF THE ACT OF ACCESSION WHICH LAYS DOWN THE PRINCIPLE THAT ARTICLE 48 OF THE EEC TREATY IS IMMEDIATELY APPLICABLE , SUBJECT TO THE TRANSITIONAL PROVISIONS CONTAINED INTER ALIA IN ARTICLE 45 OF THE ACT .

FROM THAT IT FOLLOWS THAT ARTICLE 45 ( 1 ) OF THE ACT OF ACCESSION MUST BE INTERPRETED AS NOT PERMITTING NATIONAL PROVISIONS CONCERNING THE FIRST GRANT OF A WORK PERMIT TO A GREEK NATIONAL TO BE MADE MORE RESTRICTIVE AFTER THE ENTRY INTO FORCE OF THE ACT OF ACCESSION .