Freedom of movement for workers in Germany is a right of all EU-citizens and excludes nationals of other countries and stateless persons who are submitted to different rules depending on their legal situation concerning residence and work permit in Germany.

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Freedom of movement for workers in Germany is a right of all EU-citizens and excludes nationals of other countries and stateless persons who are submitted to different rules depending on their legal situation concerning residence and work permit in Germany.

In general, aliens with a residence permit (Aufenthaltserlaubnis) or a right of residence (Aufenthaltsberechtigung ) enjoy the right of freedom of movement within German national borders. For example, Turkish workers with residence and regular employment according to the Association Agreement EEC/Turkey, and resolution 1/80 of the Association Council have no restrictions regarding their freedom of movement. The right is also guaranteed to third-country nationals who are in Germany working as self-employed workers and have a residence permit according to general rules. The right to freedom of movement is also recognized to third-country citizens staying in Germany with special residence authorisation given when a person enters Germany in order to work (Aufenthaltsgenehmigung zur Arbeitsaufnahme) (Article 10 of the German Foreigners' Law). This residence authorization can be limited in relation to the kind of occupation, to the origin from a specific country, to duration and can authorize the holder to apply for a successive residence permit with or without time limit (German Foreigners' Law, Article 10). Foreigner with this kind of residence authorisation belong to two categories:

a) seasonal workers in catering trade, tourism, agriculture and forestry, with a residence permit up to three months

b) trainees, contract workers, temporarily employed persons, specialists etc.. This group includes also some aliens staying in Germany with a residence title for special purposes, stated in Article 28 of the Foreigners' Law (Aufenthaltsbewilligung) , usually study courses, given for a particular, by definition only temporary, duration. A change of the purpose of the stay and an extension of the residence authorisation after the fulfillment of the original purpose of the stay is precluded. (Foreigners' Law, Article 28).

A very lively debate is taking place in Germany about the prohibition of free movement within the State territory for asylum seekers. They are not allowed to leave the local district (Landkreis) where they live. To do that, they need a permission from the local foreign authority (Ausländerbehörde) in the local district for reasons related to their asylum application, to meet their attorneys etc.. In most other cases, the authorities deny this permission, so refugees are forced to infringe the law for example when he/she has to leave the district for family reasons or other reasons. All these rules are laid out in Sections 56 - 59 of the Asylum Regulation Law (Asylverfahrengesetz, Sections 56 - 59).

According to many critical observers the law of "obligatory residence" (Residenzpflichtgesetz), which exists only in Germany since 1982, violates the fundamental right of free movement for the refugees and oblige them to commit a crime, since leaving their own district ("Landkreis") without permission is considered a punishable crime. Acording to section 86 of the Asylum Act, any contravention of the norms about the restriction of residence is an administrative offence which may be liable to a fine, whereas section 85 states that reiteration of such contravention may lead to imprisonment of up to one year. (Asylum Act, sections 85,86)

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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