The basic principle of equal treatment and the ban on discrimination based on nationality is also valid with regard to employment in the public sector, i.e. employment in public enterprises (trading companies, telecommunications companies, public transport companies), government agencies and institutions (universities and colleges, public hospitals, research institutes), as well as employment in public and civil service.

However, Member States are permitted to reserve certain positions solely for their own nationals. This is only valid with regard to those activities in the civil service which are connected with the exercising of sovereign powers and with the responsibility for the protection of general affairs of state or of territorial authorities, namely smaller administrative units such as municipal authorities and the like. The breadth of the discretion of Member States to reserve positions for their own nationals has been reduced over the years, and is still reducing.

In principle it is assumed that in several areas of employment there is normally no provision for employees to have a part in the execution of any public powers and these must therefore be openly accessible to all EU citizens without discrimination, namely:

• Employment in public enterprises and facilities which pursue commercial activities
  – such as telecommunications and public transport.
• Employment in the health service.
• Employment in education.
• Employment in civilian research.

The right to free movement, and the associated right to exercise your profession anywhere within the EU does not mean that there are no restrictions at all. Member States may not require a work permit, but they can and generally do require a residence permit. It is the acquisition of a job which confers the right to a residence permit. Apart from dependent family members, there is no right to residence for people outside the labour market, unless they have already worked in the country and retire there.

Job seekers have a right to reside for a temporary period while searching for a job – normally three months, but it will depend on the individual not being a charge on the public purse. Individuals can also be refused entry to any Member State on the grounds of public order, safety or health.

EU provisions do not oblige Member States to recognise unmarried couples. Some states do, and others do not. However, the principle of equal treatment applies, so that a Member State must grant the same rights to EU-migrant unmarried couples as it does to its own nationals. In a state where only marriage is legally recognised, the unmarried partner must, if not in employment, prove that s/he has the resources and social insurance to qualify for residence. If s/he is not an EU national, an unmarried partner will have rights only if cohabitation is legally recognised.

Your right to exercise your profession also has limitations, as you must be qualified to do the work, in the same way as a national of the country you want to work in. This means your qualifications must be regarded as equivalent to those of the host country – a complex issue, dealt with in the section 'qualifications' of this website.

Employers may impose valid requirements which will favour local people, and it is not illegal to demand language competence or special local knowledge where it is required.