engleski

Languages as a Barrier to Free Movement of Persons in the European Union

Languages in the EU have both positive and negative implications. They can be viewed as rights, on the one hand, and as barriers, on the other hand. The proclaimed protection of cultural and linguistic diversity of the EU Member States and certain language requirements can sometimes limit or impede market freedoms in the EU. This paper will discuss languages both as rights and barriers in the EU. It will first take a look at their role as individual, group and state rights and then concentrate on languages as barriers to free movement of people in the EU. According to EC law, the requirement of language knowledge can be justified when “necessary for practising the profession in the host Member State” or when “required by reason of the nature of the post to be filled”. The paper will trace the rule of “necessity” in the light of the case-law of the European Court of Justice (ECJ). It will try to detect how to balance free movement of persons and acceptable linguistic limitations to such freedom. The last part of the paper will address the issue of languages as barriers in a case-study in the field of sport. The author will try to argue that the new language rule of the Ladies Professional Golf Association, which will require all players to speak English or face suspension, could be contrary to EC law, since it could create unjustified and disproportionate discrimination in the field of sport. The author will explain the connection between the language rule of the golf association and EC law and provide arguments claiming that the case is within the scope of EC law.

Languages, EU, free movement of persons, barrier, non-discrimination

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