According to and old and well established opinion, access to public employment was restricted only to citizens. Such a condition, which was established by the Charters of Rights of the 18th century (as the French Déclaration des droits de l’homme et du citoyen of 1789) was only meant to put aside old privileges and to guarantee access to public offices to all citizens; however, it was soon used to exclude non-citizens from public employment. Also the EEC Treaty recognized that the provisions on free movement of persons “shall not apply to employment in the public service”. However, the ECJ established that such limitation was to be applied strictly, i.e. only to “posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities”. Then the European legislation provided access to public employment to specific categories of third country nationals (long term residents, refugees, etc.). The crisis of the State as the center of interest from a legal, social and political perspective, the breaking of the requirement of citizenship to become a civil servant, also as a consequence of the European integration, demonstrate that it is time to reconsider the concept itself of citizenship.
L’apertura del pubblico impiego nel processo di integrazione europea
GNES, MATTEO
2014
Abstract
According to and old and well established opinion, access to public employment was restricted only to citizens. Such a condition, which was established by the Charters of Rights of the 18th century (as the French Déclaration des droits de l’homme et du citoyen of 1789) was only meant to put aside old privileges and to guarantee access to public offices to all citizens; however, it was soon used to exclude non-citizens from public employment. Also the EEC Treaty recognized that the provisions on free movement of persons “shall not apply to employment in the public service”. However, the ECJ established that such limitation was to be applied strictly, i.e. only to “posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities”. Then the European legislation provided access to public employment to specific categories of third country nationals (long term residents, refugees, etc.). The crisis of the State as the center of interest from a legal, social and political perspective, the breaking of the requirement of citizenship to become a civil servant, also as a consequence of the European integration, demonstrate that it is time to reconsider the concept itself of citizenship.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
