What Happened to Equality?

The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration

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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.
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Biographical Note

Bjarney Friðriksdóttir, Ph.D, Radboud University, Nijmegen, is a human rights expert with extensive experience in capacity building, policy development, monitoring and reporting on human rights issues, both for United Nations agencies in the field and national human rights institutes.

Table of contents

Acknowledgements
Abbreviations
General Introduction

1 Theories and Discourses on Migration Management
 1.1 Introduction
 1.2 The Concept of Migration Management
 1.3 State Sovereignty and the Needs Identified to Control Migration
 1.4 Human Rights as a Challenge to State Sovereignty to Control Migration
 1.5 Utilitarian Approach to Migration Management
 1.6 Migration Management and Human Rights in Policy Discourses of International Organisations and Global Processes
 1.7 Conclusions

2 The Right to Non-discrimination and Equal Treatment as It Relates to Nationality in the International and European Human Rights and International Labour Law Framework
 2.1 Introduction
 2.2 International Human Rights Law and International Labour Standards
 2.3 European Human Rights Framework
 2.4 Conclusions

3 Policy Developments on Migration Management Leading to a Sectoral Approach to Labour Migration into the European Union
 3.1 Introduction
 3.2 From ‘Zero’ Migration to a Proactive Immigration Policy
 3.3 Towards a Common Policy on Labour Migration Management
 3.4 Implementation of the Common Migration Management Agenda
 3.5 Conclusions

4 The Blue Card Directive
 4.1 Introduction
 4.2 Background to the Directive
 4.3 Objectives of the Directive
 4.4 Definition of Highly Qualified Employment and Scope
 4.5 Access to Territory
 4.6 Access to Labour Market
 4.7 Conditions for Residence in Other Member States
 4.8  ec Long-term Residence Status for eu Blue Card holders
 4.9 Right to Equal Treatment
 4.10 Right to Family Reunification and Access of Family Members to the Labour Market
 4.11 Conclusions

5 The Employers Sanctions Directive
 5.1 Introduction
 5.2 Background to the Directive
 5.3 Objectives, Subject Matter and Scope of the Directive
 5.4 Sanctions against Employers and Obligation to Control Residence Status of Third-Country Nationals
 5.5 Protection for Irregularly Resident Third-Country Workers
 5.6 Access to Territory and the Labour Market
 5.7 Human Rights of Irregularly Resident Migrants
 5.8 Conclusions

6 The Single Permit Directive
 6.1 Introduction
 6.2 Background to the Directive
 6.3 Objectives and Purpose of the Directive
 6.4 Definitions and Scope
 6.5 Access to Territory and Access to the Labour Market
 6.6 Right to Equal Treatment
 6.7 Right to Family Reunification and Access of Family Members to the Labour Market
 6.8 Conclusions

7 The Seasonal Workers Directive
 7.1 Introduction
 7.2 Background to the Directive
 7.3 Objectives of the Directive
 7.4 Scope and Definitions
 7.5 Access to Territory and Access to the Labour Market
 7.6 Right to Equal Treatment
 7.7 Facilitation of Complaints
 7.8 Right to Family Reunification and Access of Family Members to the Labour Market
 7.9 Conclusions

8 The Intra-corporate Transfer Directive
 8.1 Introduction
 8.2 Background to the Directive
 8.3 Objectives of the Directive
 8.4 Subject Matter, Scope and Definitions
 8.5 Access to Territory and Access to the Labour Market
 8.6 Right to Equal Treatment
 8.7 Right to Family Reunification and Access of Family Members to the Labour Market
 8.8 Conclusions

9 eu Law on Labour Migration – The Compatibility of a Sectoral Approach to Migration Management and the Right to Equal Treatment of Third-country Nationals
 9.1 Introduction
 9.2 The Outcome of the Sectoral Approach in Migration Management as Regards Access to Territory and the Labour Market, the Right to Equal Treatment and the Right to Family Reunification
 9.3  eu Law on Labour Migration and Protection of the Human Rights of Migrant Workers
 9.4 Migration Management Policies and Human Rights of Labour Migrants – Are They Inherently Incompatible?
 9.5 Discourses Underpinning and Justifying a Sectoral Approach to Management of Labour Migration
 9.6 Common eu Law on Labour Migration – One eu Labour Market?
 9.7 Conclusions

Annexes
Bibliography
Index

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