The Impact of Open Balkan Initiative on Cross-Border Employment and Labour Mobility

The free movement of persons, including the free movement of workers, is one of the four fundamental freedoms of the European Union’s single market. It includes the elimination of barriers to workers' mobility, as well as the prohibition of all forms of discrimination and unequal treatment of EU citizens within the territory of the European Union. Workers from one Member State should enjoy free access to the labour markets of all Member States within the EU.
The Western Balkan countries, including Macedonia, as aspiring EU members, seek to incorporate European values and harmonize their domestic legislation with the EU acquis, including the rules of labour mobility and non-discrimination in employment. Considering the length of the integration process and the growing Euroscepticism in these countries, the Open Balkan Initiative (previously known as Mini Schengen) was established as an initiative to facilitate rather than substitute for the EU integration process. The objective of the Open Balkan Initiative is to implement the four fundamental freedoms of the European Union in the Balkans, thereby contributing to economic development, increased economic growth, investments, and employment in the Western Balkans. The Initiative established a commitment to facilitate border crossings for the citizens of the signatory countries, inter alia, to ensure free access to the labor market in the Western Balkans, thus encouraging cross-border employment and investments. Consequently, a few agreements have been concluded to facilitate labour mobility and ensure equal treatment of workers from the signatory countries. This paper shows insights into the applicable legal framework in Macedonia regarding the employment of foreigners, with reference to the citizens of the member states of the Open Balkan Initiative. It analyses the level of harmonization between the adopted Open Balkan regulation and the existing Macedonian legislation, as well as the potential impact of the Open Balkan Initiative on labour mobility and cross-border employment in Macedonia.

Keywords: Open Balkan, labour market, foreign worker, employment, regulation.