National Effects of the Implementation of EU Directives on Labour Migration from Third Countries PDF Download
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Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162704
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162704
Category : Law
Languages : en
Pages : 274
Get Book Here
Book Description
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.
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Languages : en
Pages :
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Book Description
Author: Bjarney Friðriksdóttir
Publisher: BRILL
ISBN: 9004345280
Category : Law
Languages : en
Pages : 457
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Book Description
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.
Author: Gönül Oğuz
Publisher: Springer Nature
ISBN: 3030361853
Category : Political Science
Languages : en
Pages : 272
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Book Description
No analysis of migration in Europe today can avoid consideration of the role of the EU institutions, as well as the member states, in policy-making. This is because the obstacles for labour mobility which have confronted the EU in the post-enlargement period have been multi-dimensional in nature, have encompassed many different aspects of European integration process, and have operated at many different levels. Recent developments in the free movement of labour in Europe entail a comprehensive analysis of the dynamic of migration policy process, contextualising institutional change, cooperation, control and competition between the EU institutions and the member states. This book provides a picture of how governance of labour migration is constructed, managed, negotiated and decided at the European level. It brings together in an informed and well-organized way some of the key issues in the face of current migration crises and Brexit.
Author: Jan Niessen
Publisher: BRILL
ISBN: 9047412192
Category : Law
Languages : en
Pages : 256
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Book Description
The Migrant Integration Policy Index (MIPEX) is a unique comparative study on indicators of the legal integration of third-country nationals. Though comparing countries on the basis of various indicator types is common in the private sector and increasingly used in policy areas like development, good governance and equality, the exercise remains relatively new in justice and home affairs. The book lays out the instruments used to construct the MIPEX and then situates the study within current debates on integration indicators and policy evaluation. Each chapter considers what the study’s key findings add to our understanding of the state of integration policy development across Europe and of recent legal and policy trends on anti-discrimination, naturalisation, labour market access, and political participation.
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Languages : en
Pages :
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Author: Andrew Geddes
Publisher: Bloomsbury Publishing
ISBN: 1352009935
Category : Political Science
Languages : en
Pages : 219
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Book Description
International migration and mobility whether from outside the EU or in the form of free movement by EU citizens are controversial and potentially divisive issues that are and will remain at the top of the EU's political agenda. This fully revised and updated text analyses the complex and often controversial nature of policymaking in this fast-developing field, and brings the discussion up to date as the ramifications of the so-called 'migration crisis' continue to unfold. It offers an exploration of the dynamics of migration and mobility in the EU including different types of migration; the EU's policy framework within which national policies are now located; and considers the widespread notion and public perception of policy failure in this field. Unique in its portrayal of policy responses to migration in Europe, this text will be essential reading for undergraduate and postgraduate students of the politics of migration, European integration and the Politics of EU, as well as anyone with an interest in this fascinating policy area.
Author: Rahel Kunz
Publisher: Taylor & Francis
ISBN: 113680417X
Category : Law
Languages : en
Pages : 345
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Book Description
Examines the use of migration partnerships as a new tool in the political management of migration flows.
Author: Filip Dorssemont
Publisher: Bloomsbury Publishing
ISBN: 1509922660
Category : Law
Languages : en
Pages : 707
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Book Description
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Author: Zvezda Vankova
Publisher: Springer Nature
ISBN: 3030526895
Category : Social Science
Languages : en
Pages : 277
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Book Description
This open access book adopts a rights-based approach to shed light on the different legal and policy instruments that have been developed to implement circular migration policies in the EU, and their consequences for the rights of migrant workers. It contributes to the understanding of the meaning of this concept in general and in the EU, as well as specifically regarding its Eastern neighborhood. The book provides a comprehensive picture of the formation and implementation of the EU’s circular migration approach that has developed through both EU and national instruments, on the basis of comparative case study analysis of Bulgaria and Poland’s migration laws and policies. By applying empirical legal research methods, it draws conclusions about the policy outcomes from the implementation of the various migration instruments falling under the circular migration umbrella and shows the consequences for the rights of migrant workers as a result of the application of different policy options. Along with its value to an academic audience, the book can be used by policy makers at the EU, international and national levels, as well as by international organisations and NGOs working in the field of migration law and policy.
