Exceptions to the Principle of Free Movement of Workers in the European Community: the Case of Persons Infected with HIV/AIDS

The movement of workers in the years after the foundation of the European Community (EC) wasas a result of the labor market needs, essentially in most developed countries in which there was a lack ofspecific profiles of occupation and skilled workers. Due to the fact that, every member state of ECdiscretionary regulates the issues relating to free movement of workers, working conditions and organizationof working hours, it was inalienable the harmonization of rules at the EC level. Even today there are a largenumber of legal measures regarding the harmonization of legislation on free movement in the EC memberstates; however, they are sometimes interpreted differently by its member states, particularly those related tomovement restrictions. Specifically, in the framework of realization of the right to free movement will alsoanalyze the rules that exclude this right and states conduct against persons who violate the rules on freemovement. As states, under the protection of public health of their citizens, they have the right to restrict thefree movement of workers coming from other states, in this context this paper will analyze the behavior ofstates towards persons infected with the virus HIV. This paper will analyze the right to free circulation ofworkers in the EC, and the limitations that exist in several member states, whereas suggests eliminating theobstacles which are not based on the positive acts of the EC.