Strategic contextualisation: free movement,labour migration policies and the governance of foreign workers in Europe

Heightened levels of internal labour mobility since the European Union (EU)'s Eastern enlargements in 2004 and 2007 have shifted the context for member state policies geared towards the admission of non-EU workers. This article contends that the strategic use of the internal mobility regime by member states, as a justification for selective recruitment of labour from outside the EU, deserves more analytical attention. This contribution examines how labour migration policies (LMP) in the United Kingdom, France and Germany make use of the EU free-movement framework in current legislation, and how associated policy rationales are justified. In an interpretive policy analysis of legislative documents and decision-makers' meaning-making, as related in semi-structured interviews, the article identifies the logics, tools and rationales which link LMP to EU free movement. These links are shown to be highly selective and they serve common as well as nationally distinct governance goals. Across all three cases LMPs ascribe various degrees of relevance to EU internal labour supply, depending on the different skill levels of migrants targeted in respective policies. This shared pattern of economic coordination of LMP by skill level – in which the EU common labour market plays the role of delimiting additional migration in the skilled and especially low-skilled segments – is conflated with national migration control agendas. Member states draw on EU free movement to justify migration restrictions targeted at specific sending countries. As a result, the governance of the foreign workforce produces skills- and origin-based privileges rather than granting rights to mobile migrant workers in Europe.     

Mobility,migration and rights in the European Union: critical reflections on policy and practice

This article assesses developments in European Union (EU) migration policy and practice and their implications for rights regulation in the Union, as revealed in this special issue and the wider literature. It identifies how rights are constituted in the complex and multivalent policy-making field of the EU. The article views rights as constituted in the process of migration governance. This governance analysis puts centre stage an assessment of the links between policy, policy-making and policy's social and political ordering effects. The article argues that the significance of the Union needs to be analysed against different aspects of rights regulation. The article adopts an analytical framework which discriminates between the discursive framing of migrants' rights, the specification of such rights in Union and member state policy, and the shaping of rights by actors in context at the local level. The article concludes that, first, the Union has begun to play a significant role in regulating mobility rights across its territory in ways which can undermine the substantive or normative rights accessible to migrants in practice. Second, its policy and legal role are politically significant as it asserts the role of the EU as a source of regulatory authority over the distribution of rights for citizens and non-citizens within its territory.     

Understanding the diversity of EU migration policy in practice: the implementation of the Blue Card initiative

High-skilled immigration (HSI) policies, and their harmonisation across member states, have been an important part of the EU's Lisbon strategy focusing on the knowledge-based economy, and the subsequent ‘Europe 2020’ which emphasises economic recovery. Intra-EU mobility of high-skilled workers is quite low, and member states have targeted high-skilled third-country nationals (TCNs), both through national policies and the EU's recent Blue Card scheme. However, the Blue Card Directive (adopted in 2009, transposed by June 2011), despite its scope for Unionised regulation, allows member states to decide how many high-skilled TCNs they want to admit, if any. The article argues that tensions between openness and closure to migration exist at both member state and EU level. These tensions are resolved through considerable diversity in the conditions and rights accorded to Blue Card holders across member states. Drawing on new empirical data, the article analyses first results of the transposition of the Blue Card Directive. It examines how far, in what form, and with what implications, diversity continues regarding the principle of mobility for these migrants across member states. The pattern and nature of transposition are hence important in shaping an EU-regulated liberal market in labour recruitment, and the development, or otherwise, of rights-based mobility regulation.     

Competing frames of immigrant integration in the EU: geographies of social inclusion in Italian regions

After the federal reform of 2001, Italian regions have gained greater autonomy in matters of social policy, including immigrant integration. In this paper, we assess frames of immigrant integration in eight Italian regions, i.e. Piedmont, Veneto and Emilia-Romagna in the North, Umbria, Marche and Abruzzi in the Centre, Basilicata and Calabria in the South, against the EU equal treatment and mobility rights-based regime. Through a diachronic analysis of the regions' official documents on immigrants' integration approved in the period 2000–2010, we shall consider: (1) the policy priorities identified and the measures funded and (2) the implementation structures. The analysis points out how the frames of immigrant integration emerging at a regional level shape different geographies of social inclusion which are sometimes openly in contradiction with the EU discourse on equal treatment and mobility rights. Immigration is perceived more as an economic asset for local labour markets' unsatisfied demand for low-qualified, flexible, and often informal workers, rather than as a strategic resource for the realisation of a competitive and knowledge-based European economy.     

Swimming against the tide: why Sweden supports increased labour mobility within and from outside the EU

While the free movement of labour in the EU is generally depicted as a positive feature of the single market, it was also controversial in the debate on EU enlargement. Actors opposing enlargement argued that large waves of migrants from Central and Eastern Europe (CEE) would ‘swamp’ Western labour markets, leading to so-called social tourism and increasing xenophobia. Contrary to the developments in other countries, Sweden was one of the only three Member States to immediately open its doors to citizens from the EU accession countries of 2004 and 2007. Sweden has also been one of the few EU countries to actively promote greater liberalisation of labour migration policy for third-country nationals (TCNs) within the EU, and the new Swedish Immigration Law of 2008 dramatically liberalised the TCN labour migration policy and made it more employer-driven. We argue that in order to understand why Sweden has supported increased labour mobility within and from outside of the EU, we need to complement existing explanations by analysing the preferences of the political parties. A two-dimensional analysis focusing on economy and culture provides an understanding of why so-called unholy coalitions of parties in support of liberal labour policies have emerged in Sweden during the 2000s. The article ends with a discussion of lessons learned from the Swedish case and wider implications for rights-based mobility in the EU.     

The regulatory challenge of occupational safety and health in the online platform economy

The online platform economy raises a range of intricate legal questions connected to labour law and social security protection. In particular, the atypical forms of labour relationships used by many online platforms (e.g. multilateral, hyper‐temporary, off‐site, autonomous), often contractually defined as independent contracting, have challenged the application of labour and occupational health and safety law in many countries across the world, as the application of these norms tends to be dependent on the existence of an “employment relationship”. These developments are compounding the general increase in atypical employment, especially as a result of the 2007–08 financial and economic crisis. It has mostly fallen to courts to resolve the disputes between online platforms and their online platform workers, but some European Union (EU) Member States (such as France) have taken specific legal measures in response to these difficulties. Also, the EU‐level as such is becoming increasingly involved, with the Court of Justice’s ruling in the case of Uber providing some guidance on the “employment question”, and a pending legislative initiative on a Directive for Transparent and Predictable Working Conditions which may provide minimum labour protection for online platform workers in the EU. This article analyzes the problem of labour law in the online platform economy and surveys the various responses by courts and policy‐makers across the EU, which may furthermore set the tone for developments outside the EU in this area.     

The Swing of the Regulatory Pendulum in Europe: From Precautionary Principle to (Regulatory) Impact Analysis

Regulation in Europe is currently driven by three distinct, yet not entirely unrelated factors. These are competitiveness, sustainable development and governance. Increasingly these factors influence both the need for, and concepts of, what the European Commission (the Commission) refers to as “better regulation.” To ensure better regulation, two regulatory philosophies have been put forward, namely the precautionary principle and impact assessment.^1,2 In this paper, I first briefly describe the current drivers of better regulation. Then I examine the use of these two regulatory philosophies in helping to achieve better regulation. In the final section I offer some speculations on the future development of European Union (EU) regulation. Will elements of the Commission and the EU member states operate in an even more precautionary environment, or will the implementation of the precautionary principle be seen as too costly, forcing regulators to resort to an even greater use of impact analysis?     

Portability of Supplementary Pension Rights in the European Union

European Union (EU) legislation on portability of supplementary pension rights accrued by private-sector migrant workers is at an early stage. The recent directive on this topic, aiming to preserve accrued pension rights at least at the level guaranteed in the case of within-borders mobility, emphasizes the role of country-specific legislation on pension portability issues. This paper analyses EU as well as national pension portability regulation for a representative sample of EU countries, in the light of recent empirical evidence outlining the role of occupational pensions in individual job mobility choices in these countries.     

欧盟参与东亚安全治理：行动与局限

长期以来,欧盟积极参与了全球性和地区性安全治理,其在东亚地区的行动反映了欧盟推动其安全战略、促进其国际地位提升的努力。但是,对东亚地区安全治理的参与同时也显露出欧盟能力上的局限。这主要表现在,欧盟对参与东亚地区安全治理提出的大量战略文件和规划,并不能够完全得到贯彻和推行。本文试图在对这些战略文件进行分析的基础上,对欧盟在东亚地区参与安全治理行动进行梳理,进而探讨欧盟在该领域的局限性。     

Lessons from the American federal-state unemployment insurance system for a European unemployment benefits system

This article reviews practices in the United States (US) federal-state unemployment insurance (UI) system regarding applicant eligibility, benefit generosity, benefit financing and emergency measures with the aim of revealing lessons for a possible European unemployment benefit system (EUBS) for European Union (EU) Member States. We overview the US system for UI and examine important areas of federal leadership. While the US system offers some good ideas for setting up an EUBS, there are also lessons in some shortcomings of the US experience. We overview existing national UI systems in the EU and review the debate on an EUBS in the EU. We identify areas of risk for individual and institutional moral hazard in a multi-tiered UI system and give examples of monitoring methods and incentives to ameliorate such risks. We suggest approaches for gradual system development, encouraging lower-tier behaviour, benefit financing, and responses to regional and system-wide labour market crises.     

Borders and the EU legitimacy problem: the 2015–16 European Refugee Crisis

The porous external border around the Schengen member states of the European Union (EU) became a colossal political problem in 2015 and 2016 as the migrant and Refugee Crisis unfolded. In Beetham’s seminal terminology, there was a crisis between the EU’s power and legitimacy on all three dimensions hereof: The Dublin regime was not followed, there was a gap between the beliefs of the governing and the subordinate peoples, and there were increasingly critical views among citizens and politicians alike (even from mainstream parties) against the inflow of refugees and migrants outside of the normal asylum system. The behaviour of the EU actors since then can be interpreted as an attempt at containing this crisis as regards Beetham’s legitimacy dimensions.     

中国与欧盟外交关系的再思考——以中欧全面战略伙伴关系为例

冷战后的国际体系处在剧烈的转型变化过程中,中国的国家利益及对外关系也根据国际体系的变化得以调整。自2003年中欧全面战略伙伴关系建立以来,中欧关系一度发展顺利,但2006年欧盟发布的第五份对华战略文件却引发此后几年中欧关系的波折。本文试图厘清中欧关系在中国外交战略中的定位,并以中欧全面战略伙伴关系为例,深入探讨中国与欧盟外交关系中存在的现实问题,为实施更为有效的对欧盟外交政策提供参考。     

The European flexicurity concept and the Dutch and Danish flexicurity models: How have they managed the Great Recession?

In the mid‐2000s, the flexicurity concept was developed into a key EU policy concept. It drew its inspiration from the Danish and Dutch practices to combine labor market flexibility and security. However, the crisis' focus on bringing down national deficits and debts left little room to advance the concept. Lately, more emphasis has been placed on the need to take into consideration the social aspect of economic policy‐making. Current EU level documents see flexicurity as a guidance for structural reforms. However, the European flexicurity initiatives seem never to have had much impact in Denmark and the Netherlands. There are few accounts of the recent adjustment to the flexicurity models, be it at the EU or at national levels. Therefore, this article assesses the fate of flexicurity by scrutinizing its (adjusted) use as a political concept as well as a socio‐economic model. Although the Danish flexicurity model resembles the European flexicurity concept to a large extent, recent reforms have, overall, weakened rather than strengthened the flexicurity model. The Dutch flexicurity model has a narrower focus on normalizing atypical work, while recent reforms support this narrow flexicurity model. Meanwhile, the EU level concept has been changing every year, encompassing a growing number of issues.     

Straddling Two Continents: Social Policy and Welfare Politics in Turkey

There has been an increasing academic interest in understanding the dynamics of social policy in the Middle East and developing a conceptual ‘model’ to account for the particular characteristics of welfare arrangements in the countries of the region. While part of this framework, Turkey represents an exceptional case due to the Europeanization processes the country is undergoing in various policy areas, including social policy. The influence of the European Union on the shape of Turkish social policy, as illustrated by the government's recent reforms in the labour market and social security domains, is hereby used to outline the position of Turkey vis‐à‐vis both the Southern European welfare regime and the Middle Eastern pattern. This article seeks to assess the dynamics of Turkish social policy in light of the country's political, and socio‐economic dynamics, as well as the external influence exerted by the EU and international financial institutions. The aim is to examine Turkish welfare arrangements in a comparative manner and consider its suitability with reference to either of the two models. Looking at major trends in social security and the labour market, the article argues for a Turkish ‘hybrid’ model embodying the characteristics of both. Subject to EU explicit pressures for reform absent elsewhere in the Middle East, the data nevertheless show that Turkey has yet to make the qualitative leap forward that could place it firmly within the Southern European welfare group.     

Active Ageing Index in Korea – Comparison with China and EU countries

The evidence‐based policymaking relies on the use and robustness of the available data. Many conceptual and operational difficulties restrict this process, not least in making use of evidence to identify policy priorities. The Active Ageing Index (AAI), developed originally for the 28 European Union countries, offers a strong motivation in this respect. This paper reports on the development of the AAI for Korea, a country where speed and level of population aging is among the highest in the world. Drawing on the comparative analysis of the AAI results for Korea, China, and European countries, we find that Korea's AAI (35.3) is higher than the average of the AAI for all EU countries (33.9) but lower than China (37.3). Fitting Korea into the overall ranking with the EU countries and China (ranked 7), Korea is ranked 11, just behind Germany (10). The AAI results in Korea show that the employment domain performs extremely well compared with the EU countries, but other domains, especially “Social participation” and “Independent, healthy and secure living,” are achieving less favorable outcomes. High employment among the current cohorts of older workers in Korea can be attributed largely to the constraints of low pension income status.     

European Union Policy on Asylum and Immigration. Addressing the Root Causes of Forced Migration: A Justice and Home Affairs Policy of Freedom,Security and Justice?

This paper contributes to the debate on the development of the future common European Union Policy on Asylum and Immigration. It seeks to explain the rationale behind the evolution of the Union's policy outlook on asylum and immigration. It then analyses the most recent Union‐wide policy tools available to address asylum and migration issues, arguing that common European asylum policies thus far have focused on containment of migration flows seen as a threat to the European internal security regime and in response to perceived populist pressures. The return and readmission clauses now being implemented, in agreements with countries outside of the Union, serve to illustrate this point, as does the political willingness to extra‐territorialize asylum processing. However, the focus on eliminating the root causes of migration flows is a relatively new paradigm, developed since the 1999 Tampere European Council. Although off to a slow start, the European Union Neighbourhood and Partnership Instrument may become an institutional outlet to create a more normative framework for asylum and migration. The success of such a framework is contingent upon breaking with earlier conceptualizations of “asylum” as a security threat. Implicit in such a framework is the need to retain a clear distinction between asylum‐ and labour‐related migration. Partnerships must also be granted a budget sufficient for their establishment in real terms with countries of origin and transit. Lastly, there must be changes in modes of governance, as well as institutional reform, if efforts to elaborate a strategy on asylum and migration are to be executed successfully. Curiously, while the proposed Treaty establishing a Constitution for Europe sought to abolish the pillar structure put in place by the 1992 Treaty of Maastricht, it would have retained the institutional inhibitions imposed by long‐existing tensions between national and community administrations and the “inter‐pillar” battles between the foreign policy, humanitarian and development dimensions of the EU apparatus. The current political debate about moving Europe “closer to its people”, following the rejection of the proposed Constitution at national referenda in France and the Netherlands, appears unlikely to solve any of these tensions.     

Mind the Covid-19 crisis: An evidence-based implementation of Next Generation EU

This paper develops an evidence-based approach to the selection and prioritisation of Next Generation EU (NGEU) projects for timely implementation and impact of the Recovery Plan for Europe. The analysis of a large sample of projects, currently funded by the European Union (EU) with the same priorities and objectives of NGEU, suggests that a timely implementation should be driven – within the EU Commission coordination framework – by national governments liaising directly with their citizens through participatory procedures, involving relevant stakeholders. Simplified implementation procedures with clear spatial targeting and limited involvement of regional authorities are necessary conditions for the avoidance of implementation delays.     

‘We the People’ versus ‘We the Heads of States’: the debate on the democratic deficit of the European Union

The Eurozone crisis has rekindled the debate on the democratic deficit of the European Union (EU). In this paper, the debate is reconsidered by contrasting the modus vivendi of ‘We the People’ in the USA with the modus vivendi of ‘We the Heads of States’ in the EU. It is demonstrated that many of the solutions to the alleged democratic deficit focus on how more voice can be given to ‘We the People’ on the input side, but that this goes against the functional logic of the EU system, thereby undermining its ability to govern. Instead, we argue that more attention should be given to how to increase output legitimacy, and a number of proposals are put forward. Such a reshuffling of the analytical focus is the best way forward to escape the current impasse in the debate on how to ‘fix’ democracy in the EU.     

Social assistance and minimum income benefits in old and new EU democracies

Nelson K. Social assistance and minimum income benefits in old and new EU democracies Int J Soc Welfare 2010: 19: 367–378 © 2009 The Author, Journal compilation © 2009 Blackwell Publishing Ltd and the International Journal of Social Welfare. In this article, social assistance developments are analysed in a large number of European Union (EU) member states, including European transition countries and the new democracies of southern Europe. The empirical analysis is based on the unique and recently established SaMip Dataset, which provides social assistance benefit levels for 27 countries from 1990 to 2005. It is shown that social assistance benefits have had a less favourable development than that of unemployment provision. Hardly any of the investigated countries provide social assistance benefits above the EU near‐poverty threshold. Social assistance benefit levels have not converged in Europe. Instead, divergence can be observed, which is due mainly to lagging developments in eastern and southern Europe.