Romania and Bulgaria

Since 1 January 2007, when Bulgaria and Romania joined the EU, nationals of the two countries have had the right to travel across the Union without restrictions. However, of the 15 countries that were member states of the EU before the ‘big bang’ enlargement of 2004, all but two (Finland and Sweden) chose to make use of transitional restrictions allowed in the two countries’ treaties of accession. (Restrictions that apply to all EU citizens – such as registration requirements – will not be affected by the end of the transitional arrangements.) Most of these member states continued a requirement for citizens from the two countries to apply for work permits before they were allowed to settle, and many of them also had some form of labour-market test to confirm that no national candidates could be found.  

The accession treaties set out a three-stage process of 2+3+2 years that would end on 31 December 2013, seven years after the two countries joined the Union. During the first two years after accession, the other member states were able to restrict labour-market access as they saw fit; a three-year prolongation of such restrictions was possible after notifying the European Commission. In the final two-year period, which began on 1 January 2012, member states are allowed to apply transitional measures only after informing the Commission of a threat of ‘serious disturbances’ in their labour markets. Eight member states are still making use of that provision: Austria, Belgium, France, Germany, Luxembourg, Malta, the Netherlands and the UK.

Spain, by contrast, had lifted restrictions but then invoked a safeguard clause in the accession treaties and requested authorisation from the Commission to re-introduce temporary restrictions

in the summer of 2011, a measure that was prolonged for another year at the end of 2012. The safeguard clause requires national authorities to submit evidence to the Commission that their labour markets face serious disruption.

Similar transitional arrangements for eight countries that had joined in 2004, including Poland, came to an end in May 2011. (Citizens of Cyprus and Malta, which

also joined in 2004, never faced such restrictions.) Citizens of Croatia, which will join the Union this summer, will be subject to the same three-stage transition period as earlier accession countries. Since the current member states have until the date of Croatia’s joining (1 July) to indicate whether they intend to apply restrictions, it is not yet clear just how significant a hurdle Croatians wishing to work in the EU will encounter.