Recommendation 2001/613 - Mobility within the EC for students, persons undergoing training, volunteers, teachers and trainers - Main contents

official title

 

Legal instrument	Recommendation
Number legal act	Recommendation 2001/613
Original proposal	COM(1999)708
CELEX number i	32001H0613

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Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers

Official Journal L 215 , 09/08/2001 P. 0030 - 0037

Recommendation of the European Parliament and of the Council

of 10 July 2001

on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers

(2001/613/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 149(4) and Article 150(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

• (1) 

  The transnational mobility of people contributes to enriching different national cultures and enables those concerned to enhance their own cultural and professional knowledge and European society as a whole to benefit from those effects. Such experience is proving to be increasingly necessary given the current limited employment prospects and an employment market which requires more flexibility and a greater ability to adapt to change.

• (2) 

  Mobility for students, persons undergoing training, volunteers, teachers and trainers - whether in the context of a Community programme or not - is an integral part of freedom of movement for people. This is one of the fundamental freedoms protected by the Treaty. The right to move and reside freely is moreover recognised for any citizen of the Union under the conditions provided for by Article 18 of the Treaty.

• (3) 

  Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families(4), recognises the right of residence for workers and their families. Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students(5) obliges Member States to recognise the right of residence for any student who is a national of another Member State and who has been accepted on a vocational training course, and for the student's spouse and their dependent children who do not enjoy this right under other provisions of Community law. Furthermore, Council Directive 90/364/EEC of 28 June 1990 on the right of residence(6) recognises the right of residence more generally, in certain conditions, for citizens of the Union.

• (4) 

  Mobility for students, persons undergoing training, volunteers, teachers and trainers is also an integral part of the principle of non-discrimination on grounds of nationality as provided for in Article 12 of the Treaty. That principle applies to the areas covered by the Treaty, as has been held in the case law of the Court of Justice. It therefore applies to the fields of education, training and youth.

• (5) 

  The Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted on 14 December 2000 a resolution concerning an Action Plan for mobility(7), which was also approved at the Nice European Council.

• (6) 

  Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(8) has in part become applicable to students under Council Regulation (EC) No 307/1999(9).

• (7) 

  Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community(10) provides for equality of treatment as regards access to education and vocational training for workers and their families who have exercised their right to...

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