This paper analyses the theme of migrant workers in the context of EU common policy post-Lisbon. After describing the evolution of the common EU policy, it is argued that the structural answer to the issue of migrant workers requires an inclusive approach. Taking account of the institutional framework, as outlined in the Treaties, the analysis highlights some of the paradoxes inherent within the European Union owing to the link between economic migration (or those already in work, even if unofficially) and labour policies. In the second part of the paper, the interpretative perspective proposed will consider several directives (Directives 09/52, 11/98 and 14/36) and the promotion of the principle of equal treatment affirmed by the Court of Justice in the Tümer case (C-311/13, judgment of 5 November 2014). The protective function of labour law lies in this significant preliminary reaffirmation. From a labour law point of view, economic efficiency and respect for human rights are complementary. The labour law approach in particular does not distinguish between legal and illegal immigration; as a consequence, the role of the employment contract is crucial, aside from the fact (which is highly significant for the entire disciplinary balance of labour immigration law) that labour law gives precedence to the status of the worker over that of the migrant.
Immigration and labour policies: paradoxes of the European Union
Calafà, Laura
2018-01-01
Abstract
This paper analyses the theme of migrant workers in the context of EU common policy post-Lisbon. After describing the evolution of the common EU policy, it is argued that the structural answer to the issue of migrant workers requires an inclusive approach. Taking account of the institutional framework, as outlined in the Treaties, the analysis highlights some of the paradoxes inherent within the European Union owing to the link between economic migration (or those already in work, even if unofficially) and labour policies. In the second part of the paper, the interpretative perspective proposed will consider several directives (Directives 09/52, 11/98 and 14/36) and the promotion of the principle of equal treatment affirmed by the Court of Justice in the Tümer case (C-311/13, judgment of 5 November 2014). The protective function of labour law lies in this significant preliminary reaffirmation. From a labour law point of view, economic efficiency and respect for human rights are complementary. The labour law approach in particular does not distinguish between legal and illegal immigration; as a consequence, the role of the employment contract is crucial, aside from the fact (which is highly significant for the entire disciplinary balance of labour immigration law) that labour law gives precedence to the status of the worker over that of the migrant.
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