The Impact of EU Directives on the Labour Migration Framework in EU Countries

The Impact of EU Directives on the Labour Migration Framework in EU Countries
Author: Jonathan Chaloff
Publisher:
Total Pages: 87
Release: 2016
Genre: Employment
ISBN:

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This paper is part of the joint project between the Directorate General for Migration and Home Affairs of the European Commission and the OECD's Directorate for Employment, Labour and Social Affairs on "Review of Labour Migration Policy in Europe". This document has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union. Grant: HOME/2013/EIFX/CA/002 / 30-CE-0615920/00-38 (DI130895). This paper is a revised version of an earlier paper (DELSA/ELSA/MI(2015)3) presented and discussed at the OECD Working Party on Migration in June 2015. The paper examines the mechanisms for labour migration management across individual European countries. Distinguishing between high- and low-skilled workers, it investigates the policies aiming at attracting and retaining qualified migrants. It finds that in EU countries there are several different forms of barriers to labour migration, each of which is affected differently by EU legislation. It then specifically focuses on the Student, Researchers and EU Blue Card Directives, studying their effects on the real policy framework in the EU countries affected, in terms of approach. It finds that the first two directives have had a modest impact on the legislative framework, which was largely aligned with the Directive prior to transposition in many cases. The Blue Card scheme is compared in detail with national schemes, in terms of the key parameters of the Directive (criteria, processing standards, benefits, etc.). The paper examines the use of a salary threshold and its different effect according to the country in which it is applied. The paper concludes by examining the impact of these directives on recruitment opportunities, attractiveness and levelling the playing field among EU countries. It explores some options for adjusting the policies in the future.

National Effects of the Implementation of EU Directives on Labour Migration from Third Countries

National Effects of the Implementation of EU Directives on Labour Migration from Third Countries
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 274
Release: 2016-03-23
Genre: Law
ISBN: 9041162704

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Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.

What Happened to Equality?

What Happened to Equality?
Author: Bjarney Friðriksdóttir
Publisher: BRILL
Total Pages: 457
Release: 2017-07-03
Genre: Law
ISBN: 9004345280

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In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.

Posting of Workers in EU Law

Posting of Workers in EU Law
Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
Total Pages: 547
Release: 2020-12-11
Genre: Law
ISBN: 9403528648

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Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Managing labour migration in Europe

Managing labour migration in Europe
Author: Alex Balch
Publisher: Manchester University Press
Total Pages: 260
Release: 2013-07-19
Genre: Political Science
ISBN: 184779758X

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Labour migration has become one of the hot topics in Europe, especially since 2000 with the shift from restriction to managed migration. This book provides an authoritative account of policy change over labour migration in Europe during this new era of governance. It has important implications for debates about the contemporary governance of labour migration in Europe, and questions about the impact of an emergent EU migration regime in the context of a globalising labour market. The key findings offer a deeper understanding of the linkages between those engaged in policymaking and the kinds of communities that produce usable knowledge. It will therefore be essential reading for academics, practitioners and students of migration and national policy processes in the EU. It will be an invaluable resource for individuals and organisations active in the immigration policy community, including policymakers themselves, but also the wider network of NGOs, think tanks and interest groups.

EU Labour Migration in Troubled Times

EU Labour Migration in Troubled Times
Author: Béla Galgóczi
Publisher: Routledge
Total Pages: 288
Release: 2016-04-22
Genre: Business & Economics
ISBN: 1317140222

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The debate on the free movement of labour within the EU has gained new momentum in the wake of the economic crisis. Building on the earlier Ashgate publication EU Labour Migration Since Enlargement, the editors have assembled a team of experts from across Europe to shed light on the critical issues raised by internal labour mobility within the EU in the context of economic crisis and labour market pressures. The book's chapters tease out the links between economic developments, regulatory frameworks and migration patterns in different European countries. A central focus is on issues of skills and skills mismatch and how they relate to migration forms, duration and individual decisions to stay or return. Based on detailed analysis of European and national-level sources, the results presented clearly contradict assumptions about a "knowledge driven migration". Rather, over-qualification and the corresponding underutilisation of migrant workers' skills emerge as a pervasive phenomenon. At the same time the characteristics of migrants - not just skills, but socio-demographic characteristics and attitudes - and also their labour market integration are shown to be very diverse and to vary substantially between different sending and receiving countries. This calls for a differentiated analysis and raises complex issues for policymakers. Examples where policy has contributed to positive outcomes for both migrants and domestic workforces are identified. Unique in analysing labour migration flows within the European Union in a comparative manner putting skills into the centre and taking account of the effects of the economic crisis, while addressing policy concerns this is a valuable resource for academics, policymakers and practitioners alike.

The External Dimension of the EU’s Migration Policy

The External Dimension of the EU’s Migration Policy
Author: Katharina Eisele
Publisher: Martinus Nijhoff Publishers
Total Pages: 556
Release: 2014-05-08
Genre: Law
ISBN: 9004265252

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In recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.

Social Benefits and Migration

Social Benefits and Migration
Author: Elspeth Guild
Publisher:
Total Pages: 172
Release: 2013
Genre: Business & Economics
ISBN:

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This book examines the main policy controversies that have emerged in the European Union over migration and its impact on the welfare system. Does migration constitute a disproportionate burden to member states' domestic labor markets and welfare systems? Should noncitizens be entitled to social benefits in the state where they live? Is there objective evidence and statistical data indicating abuse of social benefits by noncitizens, social welfare tourism, or the welfare magnet hypothesis, in which migrants are attracted to countries that provide more generous welfare? The contributors analyze these controversies as they affect different categories of noncitizens in the framework of EU law and policy. They also examine the uses or misuses of data, information, and social science knowledge in the debates over the reliance by noncitizens on social benefits. The book concludes with a set of recommendations addressed to EU policymakers.

The revision of the EU Blue Card Directive. An opportunity to establish a higher standard of rights for labour migrants in the European Union?

The revision of the EU Blue Card Directive. An opportunity to establish a higher standard of rights for labour migrants in the European Union?
Author: Axel Ruppert
Publisher: GRIN Verlag
Total Pages: 89
Release: 2018-03-05
Genre: Political Science
ISBN: 3668653070

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Master's Thesis from the year 2017 in the subject Politics - Region: Western Europe, grade: 1,0, University of Aarhus (School of Culture and Society), course: European Studied, language: English, abstract: This thesis explores the first phase of the revision of the European Union (EU) Blue Card Directive from June 2016 to June 2017. Out of the four EU labour migration Directives, the Blue Card aims to attract highly-skilled third country nationals to the EU and grants those admitted a favourable set of rights. In the revision, the European Parliament is for the first time fully involved as co-legislator for the Blue Card Directive. Existing research indicates that the European Parliament seeks to strengthen labour migrants’ rights. In this context, this thesis asks the question to what extent the revision process offers the opportunity to strengthen Blue Card holders’ rights. At the same time, strengthened rights for Blue Card holders inevitably result in an increase in the diverging treatment of labour migrants in the EU. In light of this ambivalence, this thesis aims to not only analyse opportunities for strengthened rights for Blue Card holders, but also to what extend the revision of the Blue Card Directive offers the opportunity to establish a higher standard of rights for labour migrants in the EU. This analysis shall complement academic literature that questions the practice of granting labour migrants in the EU different rights, but lacks of research on the manner in which the more preferential treatment of highly-skilled labour migrants is justified by actors in the European Commission and Parliament. This thesis uses a methodological triangulation approach of qualitative policy document and interview analyses. It finds that the Commission’s proposal and the Parliament’s involved Committees propose to strengthen Blue Card holders in several regards. At the same time, findings indicate that the perception about labour migrants’ economic contribution, their perceived scarcity and their intended duration of stay determine the rights granted. The results suggest that a revised Blue Card might serve as a reference for all labour migration Directives and future initiatives regarding equal treatment and safeguards to protect permit holders from the loss of status. In terms of rights to family reunification, access to long-term residence and intra-EU mobility, the thesis’ findings raise doubts whether strengthened rights can benefit labour migrants that are not categorised as highly-skilled or do not belong to a comparable category.