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The Rights of Immigrant Workers in the European Union

Author: Joanna Apap

Publisher: BRILL

Published: 2002-09-01

Total Pages: 340

ISBN-13: 9047403177

This book is one of the very few studies that evaluates the evolving policies towards third country nationals residing and working in the European Union (EU). Other studies have analysed the existing legal framework of citizenship and migrants' rights in the EU and the flow of migrants into the Community. However, much less comparative research has been carried out about the actual position and the practice of migrants' rights in the receiving countries, in the context of an ever integrating EU and the removal of internal borders. The focus of this book is on the consequences of the increasing number of Maghrebin workers residing in Italy and Spain - both for EU policy and with respect to these two countries as relatively new receiving states. The book examines: What public policy implications does the labour immigration from the Maghreb Countries have for the EU as a supranational Community rather than for the Member states individually? To what extent can citizenship rights be extended to third country nationals legally residing in a European Union to make their status as close as possible to that of European citizens?

The fundamental rights of irregular migrants in the European Union

Author: Alina Alexe

Publisher: GRIN Verlag

Published: 2017-03-24

Total Pages: 61

ISBN-13: 366842067X

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Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: merit, Queen Mary University of London (Law Department), course: LLM, language: English, abstract: This paper examines two fundamental social rights belonging to irregular migrants: the right to work and the right to healthcare. Even though there is a lack of specific legal provisions directly applicable to this social category, the general ones, such as the Charter of Fundamental Rights of the European Union, the International Covenant on Economic, Social and Political Rights, also concern undocumented migrants. They are analyzed from general to particular taking into consideration broad terms such as “all”, ‘every”, “everyone”, which include the specific category of undocumented migrants. The existent case law, although characterized by scarcity because of the migrants’ fear of being deported when lodging claims in courts, emphasizes the fact that this social category also has rights and these rights are recognized and defended in national and European courts. The obstacles in accessing fundamental rights are also analyzed. The practical implications are taken into consideration. Ideas to improve the exercise of fundamental rights to work and healthcare by irregular migrants are suggested at the end of every chapter. Being human beings, they have the right to social protection regardless of their status.

Immigration Law in the European Community

Author: Elspeth Guild

Publisher: BRILL

Published: 2021-10-18

Total Pages: 387

ISBN-13: 9004478787

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Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.

Ubiquitous Citizens of Europe

Author: Oxana Golynker

Publisher: Intersentia nv

Published: 2006

Total Pages: 311

ISBN-13: 9050955401

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Focuses on economically active persons resident in one country while working in another, which traditionally embraced frontier and posted workers, but nowadays takes new forms. Outlines the correlations between citizenship, bona fide residence, labour migration, and socio-economic rights of partial migrants in the European Union, with particular reference to Union citizenship, and examines problems associated with rights in the areas of social security, taxation, and housing. Scrutinizes the latest case law of the European Court of Justice.

Migrants at Work

Author: Cathryn Costello

Publisher:

Published: 2014

Total Pages: 502

ISBN-13: 0198714106

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There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

Legal Migration to the European Union

Author: Anja Wiesbrock

Publisher: BRILL

Published: 2010-08-16

Total Pages: 827

ISBN-13: 9004189548

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This book provides an analysis of the current state of affairs in EU migration law. Five Directives on legal migration and national legislation in five Member States are critically assessed in terms of compliance with EU principles of law and international human rights.

Opening the Door?

Author: V’t Novotny

Publisher: Wilfried Martens Centre for European Studies

Published: 2012-03-25

Total Pages: 528

ISBN-13: 2930632119

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Migration into the EU and the integration of immigrants are matters that will be decisive for the future of Europe. Debates on these issues have been taking place at all levels within European society and government. These debates have also been held within the centre-right European People's Party (EPP) and are playing a prominent role in many election campaigns. This has strengthened the need for knowledge to be shared about national approaches in the EU context and for policy-oriented research from a centre-right perspective. The Centre for European Studies (CES), the political foundation of the EPP and its Member Foundations, has therefore created this in-depth study of immigration and integration policies in countries across the EU. This book, the first produced by a European political foundation in cooperation with its member organisations, covers thirteen EU countries and one region, as well as the EU itself. It offers policy recommendations for the EU and its Member States. Its aim is to assist experts, politicians and other stakeholders with the adjustment of immigration and integration policies so that they are suitable for twenty-first century Europe.

Labour Migration in Europe Volume II

Author: Marco Borraccetti

Publisher: Springer

Published: 2018-09-17

Total Pages: 139

ISBN-13: 3319939793

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Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.

The Economic, Social and Cultural Rights of Migrants in an Irregular Situation

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher:

Published: 2014

Total Pages: 144

ISBN-13:

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This publication aims to fill a significant knowledge gap on the human rights of irregular migrants. It seeks to describe barriers faced by irregular migrants in the exercise of such fundamental rights as the right to health, to education, to an adequate standard of living, to social security, and to just and favourable conditions of work, as well as trends and national policies, highlighting where possible examples of promising practice from around the world. It also draws attention to the guidance provided by international human rights law as well as related legal frameworks such as international labour law, and provides key messages on a human rights-based response to irregular migration.