Charter Chapters |
 Art 15. Freedom to choose an occupation and right to engage in work |
Definition
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Legal explanations
Freedom to choose an occupation in Article 15(1), is recognised in Court of Justice case-law (see inter alia judgment of 14 May 1974, Case 4/73 Nold; judgment of 13 September 1979k, Case 44/79 Hauer,;judgment of 8 October 1986, Case 234/85 Keller, ;.
This paragraph also draws upon Article 1(2) of the European Social Charter, which was signed on 18 October 1961 and has been ratified by all the Member States, and on point 4 of the Community Charter of the Fundamental Social Rights of Workers of 9 December 1989. The expression ‘working conditions’ is to be understood in the sense of Article 140 of the EC Treaty.
The second paragraph deals with the three freedoms guaranteed by articles 39, 43 and 49 et seq. of the EC Treaty, namely freedom of movement for workers, freedom of establishment and freedom to provide services.
The third paragraph is based on TEC Article 137(3), fourth indent, and on Article 19(4) of the European Social Charter signed on 18 October 1961 and ratified by all the Member States. Article 52(2) of the Charter is therefore applicable. The question of recruitment of seamen having the nationality of third States for the crews of vessels flying the flag of a Member State of the Union is governed by Community law and national legislation and practice.
