The migration–trade nexus: migration provisions in trade agreements

Lavenex, Sandra; Jurje, Flavia

doi:10.4337/9781782549901.00019

Cited by 5 publications

(4 citation statements)

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“…25 Such agreements usually contain immigration-related provisions which aim to facilitate the mobility of service providers. 26 The Intra-Corporate Transferee Directive includes special provisions for EU Member States to ensure or enforce the 'temporariness' of these workers, so that they cannot stay on at the end of the assignment. These workers are also not granted the possibility of crossing the bridge towards a long-term residence status in the receiving Member State.…”

Section: The Intra-corporate Transferee Directivementioning

confidence: 99%

Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?

Minderhoud

2021

Utrecht Law Review

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The 2020 New Pact on Migration and Asylum could have been the perfect opportunity for the Commission to address and overcome the crisis in the field of a common EU labour migration policy by getting it back on track. But nothing was further from the truth. The attention which the Commission devotes to the subject of EU labour migration in the New Pact is disappointing. It even seems as though the Commission is abdicating its responsibility and leaving it up to the Member States to make national policy in this area. EU labour migration policy has always been a battle ground between the EU and the Member States. It has led to a highly fragmented EU policy that is proving to be ineffective and is generating resistance rather than contributing to a common policy. This article describes and analyses the EU labour migration policy as it has been shaped since 2000, framing it in a post-crisis dilemma. After the failure of an ambitious proposal for a common comprehensive approach to the admission and residence conditions of third country national workers in general, the Commission opted for a sectoral approach, which so far has led to the establishment of four labour migration Directives, namely for highly skilled workers, seasonal workers, intra-corporate transferees and a single permit for residence and work procedure. Due to the 2015 refugee crisis, the Commission has mainly focused on asylumrelated issues during the last few years. With regard to EU labour migration regulation, barely any new initiative has been taken. The only EU institutional player which seriously challenges the addressing of the post-crisis situation in this area is the European Parliament. Are we at a crossroads regarding the regulation of EU labour migration?

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Section: The Intra-corporate Transferee Directivementioning

confidence: 99%

Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?

Minderhoud

2021

Utrecht Law Review

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“…With western liberal states' transformation towards knowledge-based service economies, mobile labour has become a factor of economic competitiveness in the quest for talent and skills. Whereasapart from regional commitments-national legislation remains predominant for economic migration, states have agreed on limited provisions on the temporary mobility of professionals in the World Trade Association's General Agreement on Trade in Services and in bilateral free trade agreements (Lavenex and Jurje 2015).…”

Section: Political Identity and Immigration Policymentioning

confidence: 99%

Common market, normative power or super-state? Conflicting political identities in EU asylum and immigration policy

Lavenex

2019

Comp Eur Polit

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Drawing an analogy to the role of immigration policy in processes of state formation, this article argues that the development of common asylum/immigration policies is indicative of the normative tensions implied in the EU's transition from a regulatory polity towards a political Union. Based on an analysis of key legislative texts from the emergence of common immigration policies until today, it is shown that policy developments are torn between three competing and conflicting political identities. The EU's traditional 'market power' identity anchored in a regulatory approach focused on economic priorities has given way to an uneasy competition between aspirations at 'normative power' identity based on universal liberal values and a politically predominant 'statist' identity that addresses asylum/immigration policies as a corollary of and challenge to internal community-building and security. While these tensions are characteristic of the 'liberal paradox' of democratic states' immigration policies, they are particularly challenging in the context of an increasingly contested European integration project. Keywords Asylum · Immigration · AFSJ · EU · StatehoodWith its transition towards a political Union affecting 'core state powers' (Genschel and Jachtenfuchs 2013), the EU has relinquished its traditional image of a technocratic, apolitical 'regulatory polity' (Majone 1997). The recent crises have disclosed the redistributive impact of common monetary policies and the humanitarian shortcomings of common asylum policies. This has evoked a vivid debate about the normativity of European integration. Attention has turned towards the 'normatively problematical aspects of political order' (Joerges and Kreuder-Sonnen 2017, p. 122) eventually motivating a more interpretative turn in EU studies. The development of

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“…In parallel, internal mobility has been liberalised as part of MERCOSUR's 1998 Protocol of Montevideo on Trade in Services. While building on the framework of the WTO General Agreement on Trade in Services (GATS) (Lavenex and Jurje 2015), these provisions go beyond by including more categories of service providers and facilitated access.…”

Section: Europe: Encompassing Extensive Regionalismmentioning

confidence: 99%

“…This process has been sustained by the economic agenda pursued by these integration frameworks as well as their wider political aspirations. Clearly, the substantive scope of regional mobility provisions exceeds international level commitments as there are no international norms on migrant admission apart from limited provisions in the GATS (Lavenex and Jurje 2015). The formalisation of these mobility norms has benefited from the institutional and legal pillars of corresponding regional integration frameworks.…”

Section: Comparative Conclusion: Fragmentation and Coherence In Regional Migration Governancementioning

confidence: 99%

Regional migration governance – building block of global initiatives?

Lavenex

2018

Journal of Ethnic and Migration Studies

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Regional institutions addressing mobility, asylum, migrant rights or migration control have proliferated all over the world and occupy an important space in recent UN initiatives to boost global cooperation on migration and refugees. Unlike Europe, where these different aspects of migration policy have come under the ambit of one institution, the European Union, regional initiatives in other parts of the world tend to emerge in different fora, with overlapping but incongruent memberships. Introducing a taxonomy of regional migration institutions, this article assesses regionalism's contribution to multilevel migration governance in two dimensions: the vertical interplay between regional and multilateral institutions on the one hand and the horizontal relationship between regional institutions on the other hand. The article concludes that regional (economic) integration frameworks like ASEAN, ECOWAS or MERCOSUR may prove fruitful anchors for more substantial regional migration governance.

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The migration–trade nexus: migration provisions in trade agreements

Cited by 5 publications

References 0 publications

Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?

Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?

Common market, normative power or super-state? Conflicting political identities in EU asylum and immigration policy

Regional migration governance – building block of global initiatives?

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