The eu Seasonal Workers Directive: When Immigration Controls Meet Labour Rights
In: European Journal of Migration and LawKent Law School, University of Kent Canterbury, Kent ct2 7nz UK
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The Seasonal Workers Directive combines immigration law, which regulates entry and stay in a territory, with labour law, which governs the rights of workers. The different interests and expertise of the various eu institutions involved in the Directive’s drafting and adoption exacerbated the tension between these two legal fields. In turn, this tension compromised the achievement of several of the eu’s explicit objectives, namely, creating a level playing field for the recruitment of seasonal migrant workers across the Member States, instituting a circular migration program, and protecting migrant workers from economic and social exploitation. This article focuses on the extent to which the Directive has the capacity to protect seasonal migrant workers. To do so, it sketches the history of the Directive and discusses some consequences of its treaty basis, which provides the context for our analysis and evaluation of the substantive provisions of the Directive.
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11
E. Guild (2004), ‘Mechanisms of Exclusion: Labour Migration in the European Union’, in: J. Apap (ed.), Justice and Home Affairs in the eu – Liberty and Security Issues after Enlargement, Cheltenham: Edward Elgar, pp. 211–224, at p. 212.
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12
A. Faure Atger (2010), ‘Competing Interests in the Europeanization of Labour Migration Rules’, in: E. Guild and S. Mantu (eds), Constructing and Imagining labour migration: perspectives of control from five continents, Farnham: Ashgate, pp. 157–174, at p. 162.
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16
Ibid., 4–5. The sectors are highly skilled immigrants, seasonal workers, and intra-corporate transfers. Also a Framework directive including a single application procedure and a set of rights for labour migrants was proposed. These proposals have led to adopted directives (fn 45 and 89).
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17
Ibid., 7 with reference to com(2005)390 on Migration and Development: Some concrete orientations.
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22
Ibid., 10.
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23
Ibid., 13.
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24
It is also worth mentioning that in 2008, the European Council adopted the European Pact on Immigration and Asylum and in 2009 reiterated the Commission and Council’s commitment to implementing the Policy Plan on Legal Migration in The Stockholm Programme – An open and secure Europe serving and protecting citizens, oj C 115 of 4 May 2010.
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26
Ibid., 2–3.
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30
Ibid., 12.
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35
Peers et al. (2012) (fn 31), at p. 181.
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39
Council Doc. 15033/13, 25 October 2013, amendment 12, p. 11.
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40
Council Doc. 6312/13, 12 February 2013, amendment 40.
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41
Council Doc. 5611/12, 23 January 2012, proposed article 2.2. a and b.
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43
Council Doc. 5611/12, 23 January 2012, proposed Article 2(b).
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46
Council Doc. 10164/11, 17 May 2011, 3.
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52
Council Doc. 6651/12, 27 February 2013, at p. 80.
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57
Ibid., 68.
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71
Ibid., 111.
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72
Ibid., 110, amendment 94.
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81
Ibid., 116–117 and amendment 97.
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91
Ibid., 3.
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92
Ibid., 4.
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The eu Seasonal Workers Directive: When Immigration Controls Meet Labour Rights
In: European Journal of Migration and LawKent Law School, University of Kent Canterbury, Kent ct2 7nz UK
Search for other papers by Judy Fudge in
Current site
Google Scholar
PubMed
Search for other papers by Petra Herzfeld Olsson in
Current site
Google Scholar
PubMed
The Seasonal Workers Directive combines immigration law, which regulates entry and stay in a territory, with labour law, which governs the rights of workers. The different interests and expertise of the various eu institutions involved in the Directive’s drafting and adoption exacerbated the tension between these two legal fields. In turn, this tension compromised the achievement of several of the eu’s explicit objectives, namely, creating a level playing field for the recruitment of seasonal migrant workers across the Member States, instituting a circular migration program, and protecting migrant workers from economic and social exploitation. This article focuses on the extent to which the Directive has the capacity to protect seasonal migrant workers. To do so, it sketches the history of the Directive and discusses some consequences of its treaty basis, which provides the context for our analysis and evaluation of the substantive provisions of the Directive.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 974 | 259 | 13 |
| Full Text Views | 457 | 41 | 1 |
| PDF Views & Downloads | 378 | 89 | 3 |