Abstract
This paper deals with the relationship between the phenomenon of atypical employment and the free movement of workers within the EU. Practice shows that that the performance of atypical employment may be associated with the migration of EU citizens in the social systems of the Member States.
The main reason for migration of atypically employed workers is, on the one hand, the benevolent approach of the EU Court of Justice to the definition of the term worker in EU law, and, on the other hand, significant differences in the social standards of the Member States. Migration for social benefits is primarily a problem of those Member States which in their national law conceive attractive social benefits.
Several Member States have called for restrictions on the access of migrant workers to their social systems and in part, their arguments have been supported by the Advocate General of the CJEU. It remains to be seen whether the CJEU will change its case law and restrict the rights of migrating EU citizens or whether Member States will introduce the respective changes into the founding treaties of the EU.
Both options are not very likely.