What is being negotiated?

The acquis of the European Union in this chapter enables citizens of one EU Member State to work freely in another Member State, under equal treatment, as compared to domestic workers.

The free movement of workers is one of the fundamental principles of the European Union and represents a key component of the four freedoms of the EU internal market, further underscoring its importance for connecting labour markets and strengthening economic integration. This right includes the freedom of movement and residence during employment in another Member State; rights arising from all branches of social security, such as pension and health insurance, unemployment insurance, and entitlement to family benefits.

The fundamental right of workers, established under Article 45 of the Treaty on the Functioning of the European Union (TFEU), defines the freedom to take up employment in any EU Member State without discrimination on grounds of nationality. This Article guarantees equality with regard to employment, remuneration, and all other working conditions, thereby ensuring workers an equal status within the European labour market. This right also enables workers to accept a job offer in another Member State, to move freely within that country, and to reside there for the purpose of employment and, under certain conditions, to remain there thereafter.

Access to the labour market must be non-discriminatory, regardless of nationality, residence, or language, thereby ensuring equality for all workers and promoting inclusiveness within the European labour market. In addition, these rights extend to workers’ family members. Furthermore, the following are ensured:

• Portability of supplementary pension rights for employed and self-employed persons moving within the Community.

• Participation in EURES (the European Employment Services), which connects national employment services for the exchange of information on job opportunities.

• Mechanisms for the coordination of national social security legislation, including the rights of insured persons and their family members when moving from one Member State to another.

The free movement of workers is not only a legal framework but also a key segment of European integration, significantly contributing to strengthening economic and social cohesion within the EU. This principle ensures equality in the labour market and opens numerous opportunities for the personal and professional development of citizens. It enhances labour market connectivity, providing citizens with greater employment and career development opportunities in a European context. This principle ensures equal opportunities for all workers and contributes to the stability and prosperity of the Union.

Sub-areas

Negotiating Chapter 2 – Free Movement of Workers covers the following sub-areas: access to the labour market, EURES, coordination of social security systems, and the European Health Insurance Card.

Under the provisions of the EU acquis, a worker moving to another Member State enjoys certain rights. These rights include:

• the right to work without a work permit (except for workers from new Member States subject to transitional arrangements);

• equal treatment in employment with nationals of the Member State in which the work is performed;

• the right to the same social security as nationals of the Member State in which the worker is employed;

• the right of family members to join the worker and to receive family benefits;

• full coordination of social security systems (pension rights and social security contributions);

• mutual recognition of qualifications.

The purpose of these rights is also to encourage labour mobility between EU Member States, which is an important factor in achieving the internal market. Despite the guaranteed rights, the EU labour force is characterised by low geographical and occupational mobility.

EURES is a network of employment services in partnership with the European Commission (countries of the European Economic Area plus Switzerland).

The EURES network was launched in 1993 and serves as an instrument to improve mobility, i.e. geographical and occupational mobility, of the workforce in the European labour market. The purpose of EURES is to provide information, advice, and job-matching services for employers and jobseekers, as well as for all citizens interested in the principle of free movement of persons. Upon Montenegro’s accession to the EU, the Employment Agency of Montenegro will become part of the European network of public employment services (EURES), and Montenegrin citizens will have access to job placement services in other EU Member States.

EURES also plays an important role in providing specific information and facilitating job placements for employers and cross-border workers in European cross-border regions. In practice, EURES delivers its services through a portal and through a network of approximately 1,000 EURES advisers who are in daily contact with jobseekers and employers across Europe.

The right to the free movement of workers is complemented by the system for the coordination of social security systems, i.e. the right of migrant workers and their dependants to acquire, aggregate, or transfer social security contributions, as well as to receive payment of such benefits.

The rules on the coordination of social security systems do not replace national systems with a single European system. Each State retains the right to determine who is insured under its legislation, which benefits are granted, and under what conditions, while the EU provides common rules that protect social security rights when citizens of Member States move within Europe.

The European Health Insurance Card (EHIC) is a free card that enables EU citizens, during a temporary stay in any EU Member State, Iceland, Liechtenstein, Norway, or Switzerland, to receive medically necessary healthcare services under the same conditions and at the same cost (free of charge in some countries) as persons insured in that country.

It is important to emphasise that the European Health Insurance Card is not an alternative to travel insurance, does not cover costs where travel is undertaken for the sole purpose of receiving medical treatment, and does not guarantee free services.

When was the chapter opened?

Chapter 2 – Free Movement of Workers was officially opened on 11 December 2017 at the Intergovernmental Conference in Brussels, and temporarily closed on June 15, 2026 at the Intergovernmental Conference held in Luxembourg.

Closing benchmarks

In the Common Position of the European Union, one benchmark was set for the provisional closure of Chapter 2, which states: Montenegro must demonstrate that it has adequate structures and capacities to properly implement the acquis in the field of free movement of workers by the time of accession to the European Union.

Institutions/organisations participating in the negotiating group

In addition to representatives of the Ministry of Labour, Employment and Social Dialogue, the Working Group includes representatives of: the Ministry of Social Welfare, Family Care and Demography; the Ministry of Finance; the Ministry of Health; the Ministry of Education, Science and Innovation; the Ministry of Public Administration; the Ministry of Interior; the Ministry of European Affairs; the Employment Agency of Montenegro; the Health Insurance Fund; the Pension and Disability Insurance Fund of Montenegro; the Capital Market Commission; the Confederation of Trade Unions of Montenegro; the Union of Free Trade Unions of Montenegro; the Employers’ Union of Montenegro; and the Chamber of Economy of Montenegro.