Zur Bedeutung der Keck-Rechtsprechung für die Arbeitnehmerfreizügigkeit

Since the Bosman judgment, the European Court of Justice has pointed out that article 39 of the Treaty prohibits not only all discrimination but also national rules which are applicable irrespective of the nationality of the workers concerned but impede their freedom of movement. Furthermore, the Court has held on numerous occasions that the Treaty provisions relating to freedom of movement for persons preclude measures which might place Community nationals at a disadvantage when they pursue an economic activity in another Member State. Many legal commentators have nevertheless raised the question of whether the prohibition of non-discriminatory obstacles is considered to be effective without being subjected to any restrictions. Hendrik Schulte Westenberg pursues this question, asking whether it is possible to apply the court's jurisdiction since Keck concerning the free movement of goods to article 39 and whether it is generally possible to lead the four internal market freedoms to a consistent dogmatic system.