Free provision of services and cross-border labour recruitment

This article identifies how the use of the European Union (EU) mobility rules, as formulated by the EU's Posting Directive, has been linked to the temporary provision of services in practice. It demonstrates how this linkage, legitimised by European Court rulings, undermines the Directive's original intent to provide rights-based regulation of labour mobility in the Union. In the assessment of posting practices, striking findings of two studies co-conducted by the author in 2003 and 2010 are discussed. In the first section, the origins of the Directive are described, followed by sections that contextualise the posting rules in the framework of the fundamental economic freedoms of EU Treaties, and discuss the problems related to implementation and enforcement. Based on the Directive's definition of posting, three issues of governance and practice are raised: (a) regulation of the employment relationship, (b) application of labour conditions and (c) respect for collective agreements. A final section offers policy recommendations in order to deal with the ways in which posting governance and practices currently impede any vision of rights-based mobility in the EU. It is argued that current minimalist interpretation of the posting rules can neither guarantee equal treatment nor protect the rights of temporary migrant workers.     

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.     

Varieties of liberalism: A comparative analysis of family policy and poverty outcomes across the 50 United States

The United States is generally recognised as an exemplar of liberal policy regime types. However, given evidence of state-level divergence in social policy, this article investigates to what extent such variation is present and relevant in state-level family policy. To this end, we pose a primary and secondary research question. Our primary question is whether varieties of liberalism exist across the 50 states in the United States. Our secondary question is whether these varieties of liberalism correspond to variety in social indicators of families' economic well-being. To answer our primary question, we first construct a family policy index that scores the relative generosity and coverage of state-administered social programmes that contribute to the (de)commodification and (de)familialisation of households with children. We then perform a cluster analysis to group states by shared decommodifying and defamilialising features. To answer our secondary question, we investigate how our family-policy clusters are associated with social indicators of families' financial security. Our findings suggest that varieties of liberalism do, indeed, exist within the United States. With the exception of Vermont, which stands out with respect to its comparatively generous family policies, we classify states into two groups: those with ‘soft’ liberal family policy in states featuring relatively generous and accessible policies and ‘hard’ liberal family policy in states achieving little of either. We find that these differences help explain state-level heterogeneity in levels of economic security among households with children, particularly single-mother households.     

When Do States Pursue Targeted Economic Development Policies? The Adoption and Expansion of State Enterprise Zone Programs*

Objective. The objective of this article is twofold. First, why did states adopt enterprise zones, which allow designated economically distressed areas to provide significant financial incentives to attract firms? Second, why did some states significantly increase the number of zones within the state and transform what began as a spatially targeted program aimed at helping poor places into a state‐wide incentive program aimed at improving the state's competitive position? We also demonstrate the value of examining how changes in a state's policy environment can undermine a policy innovation, namely, the adoption of place‐based economic development policies. Methods. We use event history analysis to model when states adopt enterprise zones and an event‐count model to estimate when states increase the number of enterprise zones, and thereby undermine the original intent of the program. Results. States with larger urban populations and neighboring states with enterprise zone programs are more likely to adopt enterprise zone programs. States are more likely to increase the number of enterprise zones when they have larger urban populations, more neighboring states with enterprise zone programs, professional legislatures, more centrist elected officials, and as the program ages. Conclusions. Although the adoption of enterprise zones signaled states' commitment to improve conditions in the most distressed areas of the states, that commitment gradually wanes in the face of internal political demands and external competition for investment and jobs. By extending our analysis to examine what happens after the adoption of enterprise zones, we develop a more pessimistic assessment of states' capacity to pursue spatially targeted economic development policies to help economically distressed areas.     

A Comparative Discussion of the Gendered Implications of Cash-for-Care Schemes: Markets, Independence and Social Citizenship in Crisis?

There are moves across many countries away from state-led provision of services for disabled people towards cash-based systems, which have been welcomed by disabled people as increasing choice and control over services and support, and increasing independence and social participation. However, feminist scholars have long warned about the implications of commodifying care for women, and the possible consequences of substituting cash for services for social citizenship have remained underexplored, for both disabled people generally, disabled women and mothers more particularly, and for personal assistants/care workers. This article will attempt to address that gap by carrying out a comparative literature review and policy analysis of the role of policy development and outcomes in cash-for-care schemes, looking comparatively across policy developments in several countries, as well as developed welfare states beyond Europe to examine: (a) the impact of the tensions between various governance levels, particularly local and national government; (b) the gendered impact of such policies on (for example) gendered divisions of paid and unpaid work, citizenship and social participation; (c) the impact such policies have, or are likely to have, on different groups of men and women across the life course and across different social and economic groups; and (d) how such policies can contribute to the well-being and/or detriment of different groups of women (and men) within different social, political, economic and historical contexts.     

The “White Card” is grey: Survelliance,endurance and the Cashless Debit Card

Introduced in 2016, the Cashless Debit Card (CDC) is part of a welfare policy trial designed to restrict and direct the expenditure of Aboriginal people receiving a range of government benefits. In this article, I explain that the CDC, also referred to as the “White Card,” appeases the concerns of non-Aboriginal residents and broader Australia and that government is attempting to ameliorate Aboriginal dysfunction. I offer an account of income management in daily life from the perspective of those living with the Card in the East Kimberley town of Wyndham. I describe it as interconnected to a broader range of suite of government policies and enmeshed in broader social and political relations. Focused on participant observation and interviews undertaken with Wyndham residents in the period immediately after the introduction of the Card, this perspective is informed by longer-term research in the region since 2013. I show that the Card acts as a quotidian form of disciplining surveillance against Aboriginal people. It is also a site of reinterpretation and rearticulation through the development of subversive practices by Aboriginal people, what I describe as the labour of endurance: Card holders are trying to endure its effects and manage its invasiveness into their lives.     

Return of the Nanny: Public Policy towards In‐home Childcare in the UK,Canada and Australia

Research on early childhood education and care (ECEC) policy focuses overwhelmingly on formal, centre‐based provision and, to a lesser extent, on family day care (or childminding) provided in the homes of registered carers. Comparatively little research addresses the policy treatment of care provided in the child's home by nannies and au pairs. This article examines the position of in‐home childcare in Australia, the UK and Canada, and the varied nature and extent of public funding and regulation. Introducing a new dimension into comparative studies of ECEC, it also explores how shifts in migration policy in each country have intersected with ECEC funding and regulation to reshape the recruitment and employment of in‐home child carers. Australia, the UK and Canada are all liberal, market‐oriented countries, but there is considerable diversity in the way governments support and regulate in‐home childcare, their rationales for so doing, and in the connections between childcare and migration. We argue that connecting the analysis of in‐home childcare to migration policies raises new questions about the classification and comparison of ECEC policies.     

Fostering inter-European cooperation: Technological collaboration among nations of the European Union

This article examines the reasons for the technology gap between Europe and its Japanese and U.S. counterparts, and assesses the EU's effort towards reducing this gap. The EU considers technological collaboration the best way to reduce the gap, and we assess it for technologies: (1) High Definition Television (HDTV) and (2) telecommunications. These catch up efforts have been only partly successful. The HDTV program did not make much progress, and the worldwide switch from analogue to digital technology has hobbled the European attempt. Telecom manufacturers have cleverly adapted to a number of niche markets, such as Nokia in portable telephones, but the industry remains fragmented and poorly equipped to compete against global rivals such as AT&T. Application of pure research to industrial and commercial uses has been spotty, only half-heartedly been implemented by European states or the EU Commission. Even so, the EU Commission continues to promote a wider European perspective. Future technology policies could usefully promote greater entrepreneurial activity and national technical specialization.     

Social protection in the European Community: Towards a convergence of policies

Systems of social protection in the member states of the European Community differ not only in organization but also occasionally in their conception. Nevertheless, on closer examination this diversity proves to be less significant than it seems. Those systems have, moreover, a series of common problems to confront. Furthermore, the establishment of the single European market will entail a growing and varied mobility of persons and increase the need to move towards standardization of social protection levels. The Community therefore proposes to promote the convergence of member states'policies, while recognizing and respecting the diversity and autonomy of systems. The approach would be essentially flexible and multiform, and based on the principle of subsidiarity.     

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 Uncertain Convergence of Disability Policies in Western Europe

In the last decades disability has emerged as a key area for European social policy. So far there have been few indications of a general trend towards greater similarity in the disability policies of member states. This paper argues that attempts to promote common approaches and patterns of effort between member states are more likely to succeed in “vacant” sub‐areas of disability policy than in more “crowded” ones. Existing redistributive provisions within income maintenance, employment and independent living are examples of crowded sub‐areas. By contrast, the emerging anti‐discrimination legislation and other forms of market regulation recently introduced by the EU may point towards more vacant policy areas within member states.     

Solidarity in Italy's policies towards the frail elderly: a value at stake

The Italian public policies towards the frail elderly are underdeveloped by both quantitative and qualitative standards. The bulk of care responsibilities lies on the family and the private provision of paid care is flourishing. The last decade was characterised by significant signs of improvement – an increase in the public resources committed to long-term care and the rising interest of politicians and scholars towards this issue – but the situation is still highly critical. In such a context several questions on solidarity arise regarding the degree to which this value is actually embedded in the public policies, what are the most relevant issues and how the main actors involved are concerned. The article aims to answer some of these questions, taking into consideration the points of view of the main actors: elderly people, carers and professionals.
In doing so, the article discusses the targets of the public services, differences in their provision across the country, the rise of the care allowance and the private provision of paid care. The article shows the problems regarding solidarity in the Italian policies towards the frail elderly and sets an agenda of issues to deal with in the next decade. How policy-makers will be able to manage these issues will determine whether and how the value of solidarity will shape Italy's long-term care policies in the future.     

Differences and similarities in monetary benefits for informal care in old and new EU member states

This article presents an overview of the monetary benefits available in the context of long‐term care provided by family or other informal carers in 11 old and 10 new EU member states. All but one country in our sample offer at least some monetary benefits that can be used to help finance informal care. Old EU member states tend to direct benefits to individuals in need of care, whereas new EU member states place more emphasis on benefits for carers. Among new EU member states, monetary benefits are less often means‐tested and tend to be lower compared with benefits in old EU member states. Because social policies in many countries increasingly rely on monetary benefits rather than on benefits in kind and because the share of informal care in the overall provision of elderly care will scarcely decline, monetary benefit incentives for labour market participation need to be carefully monitored.     

Measuring State TANF Policy Variations and Change After Reform*

Objectives. Our objectives are to describe the policies adopted after PRWORA, which vary across states, to test for common underlying policy concepts, demonstrating how these policies are interrelated, and to examine whether policy stringency diffused to neighboring states results in greater policy stringency across all states over time. We convert textual TANF welfare guidelines into empirically derived policy dimensions and use the derived quantitative scores to describe variation and change in welfare policy dimensions across status during the 1996–2003 post‐welfare‐reform period. Methods. Utilizing the Urban Institute's Welfare Rules Database, we apply a factor analytic methodology to 78 unique state policy guidelines that were coded on a lenient‐to‐stringent continuum. Regression analyses, employing spatial contiguity weighting, are used to describe policy diffusion. Results. The results identified 15 underlying first‐order post‐welfare‐reform policy dimensions, which for scientific parsimony were further reduced to three second‐order underlying dimensions representing rules governing eligibility: eligibility requirements for groups, behavioral responsibilities for maintaining eligibility, and eligibility time limits and exemptions. Analysis of the quantitative scores showed that by 2003 states had become more lenient regarding eligibility criteria for groups but decidedly more stringent regarding behavioral guidelines for maintaining eligibility and eligibility time limits and exemptions. Spatial clustering is not found globally but is significant for some states at the local level. Spatial diffusion is apparent only for behavioral rules. Conclusions. Our results suggest that TANF policy variations across states go beyond payment levels to include salient eligibility rules. The patterns of variability in change scores across states do not support a pervasive “race to the bottom” conclusion.     

Challenging Solidarity? An Analysis of Exit Options in Social Policies

Processes of adverse selection are generally considered as challenges to the viability of the solidarity that has been institutionalized in insurance schemes in the social domain. This article analyses to what extent the introduction of free choice in social policies might trigger processes of adverse selection in modern welfare states. Free choice not only concerns the choice between different providers or different types of services, but also creates possibilities to exit or partially exit social policies that previously were mandatory. Free choice in social policies might contribute to increasing responsiveness in service delivery. However, when the decisions to exit social policies are not distributed equally among the participants in social policy schemes but are related to participants' risk profiles, adverse selection might occur. The common response to the challenge of adverse selection is obligatory and universal participation in health insurance schemes, pension schemes and other social policies. The introduction of exit options as part of free choice strategies thus might threaten solidarity. Although the issue of free choice in social policies has received considerable scholarly attention, the introduction of exit options and its consequences have been analysed less extensively. This article sets out to fill this gap by exploring to what extent the introduction of free choice in modern welfare states has created exit options, and to what extent this triggers processes of adverse selection in health policies, unemployment policies and pension schemes in four European countries: the Netherlands, Spain, Sweden and the UK.     

How are policies implemented in children's services? Developing an initial programme theory to evaluate the implementation of the new Child Sexual Exploitation guidance in Wales

Although children's social care is an area rich in guidance, there is very little research looking at the implementation of new policies in the United Kingdom. In this article, we report on the first stage of a realist evaluation of the implementation of the new Safeguarding Children from Child Sexual Exploitation guidance in Wales. We discuss the development of an initial programme theory, for which we conducted semi-structured interviews with practitioners and managers in three local authorities. We developed programme theories across three areas: policy nature and development, implementation plans and organizational context. Findings suggest that, for policies to produce a significant impact on practice, they need to be sufficiently different to social workers' current perceptions of practice. Second, we found that the coordination between national and local policies is critical for successful implementation as contradictions between them might lead to confusion in what local teams should prioritize. Finally, our findings highlight the importance of effective communication of policy changes, as well as a supportive organizational culture to strengthen implementation in local contexts. These findings illustrate the complexity of policy implementation and the need for policymakers to consider the meaningful involvement of local practitioners in national policy development.     

A Capability Approach to Unemployed Young People's Voice and Agency in the Development and Implementation of Employment Activation Policies

In the UK, current approaches to employment activation are primarily concerned with rapid labour market entry, with jobseekers compelled to engage in activities or be sanctioned. The Capability Approach (CA) has been proposed as an alternative framework to measure successful employment activation. It is concerned with what people can do rather than what they actually do, together with their substantive freedom of choice. In applying the CA, attention is drawn to the need for jobseekers to have a voice in the design and implementation of employment activation programmes. Drawing on in‐depth qualitative research, this article uses the CA to explore the voice and agency of unemployed young people (aged 16–24) in the development and implementation of employment activation policies. It analyses how far, and in what ways, young people's ideas, experiences and voices are included in policy development and implementation. Reflections and conclusions are made about how the policy discourse which has stressed the importance of centring services on the needs of users is reflected in employment activation policy.     

Decentralization of decision making: the case of payment policies for children's daycare

To bring about equality, the Nordic welfare states have provided a broad range of services with as homogenous eligibility criteria as possible. This homogeneity of social benefits has been obtained by centralized decision making and a high degree of statutory regulation. Recent trends in all welfare states veer towards greater local independence and decentralization. This article examines how the decentralization of decision making in Finland has affected the realization of basic welfare state principles. The specific aspect from which the topic is examined are user fee policies for children's daycare. The analysis gives a rather inconsistent picture of possible explanations for the differences between daycare payment policies. Municipal decision making is influenced by economic rather than political or structural factors. However, logical economic explanations are found only in large municipalities. This study highlights that decentralization of decision making has put families in very different economic positions in different municipalities - municipal traps are emerging. The relationship between welfare services and income redistribution has become ever more complicated as decision-making powers have been localized. A family may, for example, be paying the highest daycare fees but at the same time be entitled to social assistance.