{"title":"The Impact of the European Union on Turkey’s Policy of Immigration Detention","authors":"P. Canga, S. Behrman","doi":"10.1163/15718166-12340133","DOIUrl":"https://doi.org/10.1163/15718166-12340133","url":null,"abstract":"\u0000 In the context of rising populist and nationalist politics amongst some EU states and throughout the world, the EU prides itself on the principle of free movement, and its adherence to a detailed set of human rights norms. However, this dichotomy obscures a more complex reality. The problem is that ‘free movement’ is conceived of, in EU terms, as solely relating to internal movement. When it comes to its external relations, the EU arguably comes to more closely resemble the politics of the critics of ‘free movement’ in the UK and elsewhere. The policy, colloquially known as ‘Fortress Europe’ has been around for some time, and the EU’s response to the refugees attempting to enter via the Mediterranean in recent years has not been defined by a humanitarian approach. Another way in which the EU’s prejudices around non-European migration can be observed is through its external relations with other states. We explore the case of EU-Turkey relations, and by doing so reveal the ways in which the EU has attempted to alter the policies of its partner, and putative member state, in ways that place burdens on migrants rather than relieving them. Turkey as the EU’s ‘candidate’ country has adopted these policies without much debate about alternatives to detention or ethics of detaining people as long as certain standards were met. This candidate-EU relationship, although strained a few years back, has finally led to the readmission agreement in 2015 where immigration detention became the norm.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47626545","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":"The Unfolding Destiny of Union Citizenship: From a Fundamental Status to a Status of Genuine Substance","authors":"Katarina Hyltén-Cavallius","doi":"10.1163/15718166-12340136","DOIUrl":"https://doi.org/10.1163/15718166-12340136","url":null,"abstract":"\u0000 This article analyses the legal origins of the ‘substance of rights’ doctrine, and its judicial development since its creation in landmark Union citizenship cases over a decade ago. It is demonstrated how the status of Union citizenship has evolved from being a proclaimed fundamental status for the individual in a lawful cross-border situation, to an increasingly operational and legally effective status regardless of the nature of the free movement situation. Under a genuinely substantive status of Union citizenship, any and all Member States are obligated to neither restrict freedom of movement under art. 21 TFEU, nor deprive, de jure or de facto, a Union citizen of the genuine enjoyment of the substance of Union citizenship rights under art. 20 TFEU. Thereby, the relevance of art. 20 TFEU is no longer reserved to the Union citizen’s relationship to their home Member State. In addition, it is argued that, as the jurisdictional spheres of art. 21 TFEU and 20 TFEU merge, the legal mechanisms of EU fundamental rights protection should also be streamlined across Directive 2004/38, art. 21 TFEU and art. 20 TFEU; thereby giving further substance to the citizenship ideal of civis europaeus sum.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44885473","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":"Strategic Litigation against European Migration Control Policies: The Legal Battleground of the Central Mediterranean Migration Route","authors":"Annick Pijnenburg, Kris van der Pas","doi":"10.1163/15718166-12340135","DOIUrl":"https://doi.org/10.1163/15718166-12340135","url":null,"abstract":"\u0000 Migration control policies at Europe’s borders that lead to human rights violations are widespread. As a result, NGO s, law clinics and individual lawyers mobilise the law against different actors in an attempt to seek accountability for these violations and end the policies that cause them. Accordingly, the aim of this article is to present an overview of and initial reflection on strategic litigation concerning the Central Mediterranean migration route. The article first depicts European migration control policies in the Central Mediterranean and their human rights consequences. It then provides an overview of recent strategic litigation before various domestic, regional and international forums. Finally, the article discusses the potential of these litigation efforts to overcome the accountability challenges caused by European migration control policies in the Central Mediterranean.","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48808063","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":"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":"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":null,"pages":null},"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":"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":null,"pages":null},"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}