{"title":"Socio-Legal Aspects of Labour Market Segmentation in the Agri-Food Sector in Sweden: Spatio-Temporal Dimensions","authors":"Andrea Iossa, Niklas Selberg","doi":"10.1163/15718166-12340128","DOIUrl":"https://doi.org/10.1163/15718166-12340128","url":null,"abstract":"<p>Migrant labour constitutes an important feature of the Swedish agri-food sector – often employed with sub-standard working and employment conditions. Combining legal analysis and data from semi-structured interviews this article analyses the socio-legal factors and structure of the labour market and its interplay with the national migration regime that make possible the resort to exploitative practices in the employment of migrant labour in the Swedish agri-food sector. Theoretically speaking the article approaches migrant labour using Mariana Valverde’s concept of the ‘chronotopes of law’ capturing the simultaneous and dynamic relationship between space and time in defining legal meaning. In short, the study of legal processes as the result of a space-time interaction.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"43 5","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Meat Plants and Strawberry Fields Forever? Precarious Migrant Labour in the German Agri-Food Sector before and after COVID-19","authors":"Jan Schneider, Malte Götte","doi":"10.1163/15718166-12340129","DOIUrl":"https://doi.org/10.1163/15718166-12340129","url":null,"abstract":"<p>Despite a series of regulative steps and the introduction of a minimum wage in 2015, meat production as well as agricultural and horticultural farming remain vulnerable to undeclared work and exploitative employment structures. The <span style=\"font-variant: small-caps;\">COVID</span>-19 pandemic was a disruptive event for these industries: mass infections in meat factories and housing facilities for seasonal migrants, but also a looming shortage of harvest workers evoked rapid regulative responses, albeit with a different focus. In the agricultural fruit and vegetable sector, security of supply, labour shortage and farm survival centred stage, prompting adaptive measures to comfort farmers, retailers and consumers. In the meat industry, reforms were much more profound and marked a fundamental policy change towards improved working conditions. This article sheds light on the frameworks for recruiting, employing and (potentially) exploiting migrant workers in these two segments of the German agri-food sector. We critically contextualise the legal, political and institutional changes ever since the onset of the <span style=\"font-variant: small-caps;\">COVID</span>-19 pandemic and find that the reforms each have a quite different potential to sustainably improve the precarious working conditions of migrant workers in agriculture and meat production, respectively.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"129 2","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Essential but Exploitable: Migrant Agri-Food Workers in Italy and Spain","authors":"Alessandra Corrado, Francesco Saverio Caruso","doi":"10.1163/15718166-12340126","DOIUrl":"https://doi.org/10.1163/15718166-12340126","url":null,"abstract":"<p>The Covid-19 pandemic crisis has shown that migrant workers are essential for the agri-food system, especially in Spain and Italy. The development of fruit and vegetable production in both countries has importantly relied on migrant labour due to integration in verticalized value chains and competition in neoliberal globalization. Migration and asylum policies as well as mobility policies and recruitment mechanisms have made labour differentiated, precarious, cheap, flexible and constantly renewed to match the specific demand in the sector. In both countries, the national governments have promoted different interventions to address labour exploitation, migrant workers’ vulnerabilities, and also labour shortage risks, following internal socio-political confrontation and pressures from different actors. Having pointed out the interplay of dynamics and mechanisms causing labour exploitation in the agri-food system, this contribution will analyse the political interventions in the two countries showing how they shape specific migration and labour regimes.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"122 4","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Karin Astrid Siegmann, Julia Quaedvlieg, Tyler Williams
{"title":"Migrant Labour in Dutch Agriculture: Regulated Precarity","authors":"Karin Astrid Siegmann, Julia Quaedvlieg, Tyler Williams","doi":"10.1163/15718166-12340127","DOIUrl":"https://doi.org/10.1163/15718166-12340127","url":null,"abstract":"<p>The Covid-19 pandemic has placed the contradictions that characterize the conditions of migrant workers in Dutch horticulture in the spotlight. Central and Eastern European (<span style=\"font-variant: small-caps;\">CEE</span>) workers’ low labour and living standards contrast with the sector’s high productivity. This article disentangles these contradictions by analysing their legal, economic, and social causes through the lens of the power resources approach. Countering discourses that depict rights abuses as exceptional and relate them to rogue employers, the article shows that migrant precarity has been legalised in the context of the highly flexibilised Dutch labour market. Workers’ location at the bottom of an agri-food chain dominated by retailers and their dependency on employers weakens their economic position. Trade unions’ lack of effective outreach to <span style=\"font-variant: small-caps;\">CEE</span> migrants has not helped to counter this disempowerment. Engaging with these sources of migrant farmworkers’ disempowerment also helps us to identify entry points for change sketched in the article’s conclusion.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"42 12","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Exploitation in the Agri-Food Sector in Europe: A Comparative Analysis of the Impact of Migration and Labour Regimes in Producing Migrants’ Vulnerabilities","authors":"Letizia Palumbo","doi":"10.1163/15718166-12340130","DOIUrl":"https://doi.org/10.1163/15718166-12340130","url":null,"abstract":"<p>Although political attention has been devoted to the exploitation of migrant farmworkers in Southern Europe, migrant workers also experience exploitive practices in the agri-food systems of Northern EU countries. Building on critical studies on vulnerability and exploitation and on migration and labour regimes, and drawing on the papers in this Special Issue of <span style=\"font-variant: small-caps;\">EJML</span>, this article critically compares labour migration policies and models for labour market regulations in Northern and Southern European countries (specifically Italy, Spain, Sweden, Germany and the Netherlands), underlining how policies and legislation on migration and labour mobility have contributed to creating specific situational vulnerabilities – especially with respect to the interplay of legal status, nationality and gender – which are exploited within agri-food systems. While there have been relevant national initiatives aimed at addressing the rights of migrant farmworkers during the pandemic, in most of the examined European countries these have mainly consisted of short-term and reparative measures which fail to address the root causes of vulnerabilities to exploitation.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"30 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138543492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Front matter","authors":"Joanne Florino","doi":"10.1163/15718166-02401000","DOIUrl":"https://doi.org/10.1163/15718166-02401000","url":null,"abstract":"","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44124538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Free Movement Area – Citizenship and Migration, edited by Ferdinand Wollenschläger","authors":"H. Hoffmann","doi":"10.1163/15718166-12340124","DOIUrl":"https://doi.org/10.1163/15718166-12340124","url":null,"abstract":"","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47643695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ebbs and Flows of EU Migration Law and Governance: A Critical Assessment of the Evolution of Migration Legislation and Policy in Europe","authors":"Eleonora Frasca, Francesco Luigi Gatta","doi":"10.1163/15718166-12340119","DOIUrl":"https://doi.org/10.1163/15718166-12340119","url":null,"abstract":"\u0000 This Article summarises the complex ebbs and flows of EU migration law and policy. It is the result of an interdisciplinary research project called GLOBMIG, which includes a legal inventory that can be used by any reader or researcher. In the Article, we focus on the main outcomes observable from the inventory by taking several examples from EU legislation and case law that try to capture the evolution of migration law and governance in Europe during the last four decades. Key issues and their underlying dynamics are explored under three major trends: 1) State sovereignty vs migrants’ individual rights; 2) traditional law-making vs informal pragmatic governance; 3) unilateral vs multilateral migration governance. Each trend confirms the tension, but also the positive interaction, between competing interests as well as period of fluctuations between them. Two earmarks of EU migration law are taken into account: the internal and external dimension layout of migration and asylum law and the relationship between free movement of EU citizens and third country national immigration.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46483264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EU Citizenship Law and Policy. Beyond Brexit, written by Dora Kostakopoulou","authors":"A. Schrauwen","doi":"10.1163/15718166-12340123","DOIUrl":"https://doi.org/10.1163/15718166-12340123","url":null,"abstract":"","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43746811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An EU Fundamental Right to Social Assistance in the Host Member State? The CJEU’s Ambivalent Approach to the Free Movement of Economically Inactive Union Citizens Post Dano","authors":"Ferdinand Wollenschläger","doi":"10.1163/15718166-12340122","DOIUrl":"https://doi.org/10.1163/15718166-12340122","url":null,"abstract":"\u0000 The right of residence of economically inactive Union citizens, as well as their claim to access to social benefits in other EU Member States, constitutes a complex and politically sensitive issue which has been debated controversially in EU law for decades. After some initially dynamic case-law, the CJEU followed a more reserved approach in its Dano judgment that was handed down on 11 November 2014. Its interpretation has however remained controversial, notably in view of the specific facts, the selective discussion of EU secondary law, and the unclear relationship to established as well as to subsequent case-law. Thus, the first follow-up judgment has been awaited with interest. It is the judgment in the CG case handed down on 15 July 2021 and discussed here; it however proves ambivalent. On the one hand, the CJEU has continued its restrictive reading of Free Movement Directive 2004/38/EC, whilst on the other hand the CJEU has activated for the first time, moreover contrary to Dano and with potentially far-reaching consequences, EU fundamental rights as a basis for a claim to social assistance in the host Member State.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46837953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}