The Rights Of Immigrant Workers In The European Union
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The Rights Of Immigrant Workers In The European Union
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Author : Joanna Apap
language : en
Publisher: BRILL
Release Date : 2002-09-01
The Rights Of Immigrant Workers In The European Union written by Joanna Apap and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-01 with Law categories.
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
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Author : Alina Alexe
language : en
Publisher: GRIN Verlag
Release Date : 2017-03-24
The Fundamental Rights Of Irregular Migrants In The European Union written by Alina Alexe and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-24 with Law categories.
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
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Author : Elspeth Guild
language : en
Publisher: BRILL
Release Date : 2021-10-18
Immigration Law In The European Community written by Elspeth Guild and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
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
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Author : Oxana Golynker
language : en
Publisher: Intersentia nv
Release Date : 2006
Ubiquitous Citizens Of Europe written by Oxana Golynker and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Alien labor categories.
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.
Labour Migration In Europe Volume Ii
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Author : Marco Borraccetti
language : en
Publisher: Springer
Release Date : 2018-09-17
Labour Migration In Europe Volume Ii written by Marco Borraccetti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-17 with Business & Economics categories.
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.
Trade Unions And Migrant Workers
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Author : Stefania Marino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-12-29
Trade Unions And Migrant Workers written by Stefania Marino and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with categories.
This timely book analyses the relationship between trade unions, immigration and migrant workers across eleven European countries in the period between the 1990s and 2015. It constitutes an extensive update of a previous comparative analysis – published by Rinus Penninx and Judith Roosblad in 2000 – that has become an important reference in the field. The book offers an overview of how trade unions manage issues of inclusion and solidarity in the current economic and political context, characterized by increasing challenges for labour organizations and rising hostility towards migrants.
What Happened To Equality
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Author : Bjarney Friðriksdóttir
language : en
Publisher: BRILL
Release Date : 2017-08-07
What Happened To Equality written by Bjarney Friðriksdóttir and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-07 with Law categories.
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.
Europe S Immigration Challenge
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Author : Grete Brochmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-30
Europe S Immigration Challenge written by Grete Brochmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-30 with Political Science categories.
As the financial crisis continues to cast its long shadow over Europe, the view that immigrants compete unfairly for jobs and present an unsustainable burden on the European Social Model appears to be gathering support in some circles. But at the same time, the 'right' type of immigrant has often been perceived as a potential cure for Europe's sluggish labour markets and ailing welfare systems - especially immigrants who are young, easily employable and who arrive without family. So far, efforts to solve this conundrum - as in the UK's points-based system - have focused on increasing the selectivity of the admissions process. In this book, leading immigration experts question the effectiveness of this approach. Besides efforts to regulate the flow and rights of immigrants, they argue that governments across Europe need to devise labour market, welfare and immigration policies in a more integrated fashion.
Migrants At Work
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Author : Cathryn Costello
language : en
Publisher: OUP Oxford
Release Date : 2014-10-30
Migrants At Work written by Cathryn Costello and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour 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 labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour 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 labour law. Chapters cover the labour 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 labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour 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.
National Effects Of The Implementation Of Eu Directives On Labour Migration From Third Countries
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-23
National Effects Of The Implementation Of Eu Directives On Labour Migration From Third Countries written by Roger Blanpain and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.