Final answer:
In the EU, directly discriminatory measures or distinctly applicable measures that infringe on the free movement of workers can be justified if they serve a legitimate public interest, are proportional, and necessary to the objective sought. These justifications must be objective, non-arbitrary, and based on science, ensuring equal treatment of domestic and foreign workers.
Step-by-step explanation:
In the European Union (EU), the free movement of workers is a fundamental principle enshrined in the Treaty on the Functioning of the European Union. This principle allows EU citizens to move freely to work in another EU member state without being subjected to discrimination based on nationality. However, there are instances when directly discriminatory or distinctly applicable measures can be justified if they serve a legitimate purpose and are proportional to the end being pursued.
Directly discriminatory measures are those that on their face differentiate between national and non-national workers. For such discrimination to be justified, a member state would need to demonstrate that it is based on overriding reasons of public interest, such as public policy, public security, or public health, that it is suitable for securing the attainment of the objective it pursues, and it does not go beyond what is necessary to attain that objective.When it comes to distinctly applicable measures, these are rules that, while not overtly discriminating on the basis of nationality, can have a greater negative impact on non-national workers. Similar to directly discriminatory measures, their justification requires demonstration of a legitimate aim and that the measure is appropriate and necessary.
Decisions that infringe on EU law on the free movement of workers must not be arbitrary or unnecessarily discriminatory. They should be based on science or objective considerations, and apply equally to both domestic and foreign workers to ensure compliance with EU law and fundamental human rights norms.