The pillory, the precipice and the slippery slope: the profound effects of the UK's legal reform programme targeting EU migrants

O’Brien, Charlotte

doi:10.1080/09649069.2015.1005997

Cited by 37 publications

(22 citation statements)

References 14 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Such an affiliation, however, does not happen automatically when one moves and takes up a residence in a different Member State pursuant to Article 21 TFEU, but must be44 Opinion of AG Villalón in Commission v UK. More on this, see,O'Brien (2015).45 This was also followed by the apparent reversal of the objective of that Directive. Compare, for instance, the Court's reasoning in Brey (para.…”

mentioning

confidence: 97%

Re Shaping the Paradigm of Social Solidarity in the EU: On the UK's Welfare Reforms and Pre- and Post-EU Referendum Developments

Babayev¹

2016

European Journal of Social Security

View full text Add to dashboard Cite

The sense of social solidarity formed at Union level is manifested, broadly speaking, in the very interchangeability of national solidaristic communities in the Union that allows Union citizens to be affiliated with the one of their residence. Initially widely defined in light of Union citizenship, the prospect of such interchangeability has been narrowed down in a trilogy of the Court's recent rulings. With the primacy afforded to the black-letter provisions of Union secondary law without the need for further proportionality assessment, the interchangeability of national solidaristic communities seems to be confined to the extent of an economic contribution in a host Member State. The actual parameters of this factor as a criterion setting the threshold of membership in a national solidaristic community are, in turn, being defined by Member States themselves, often resorting to the narrow and exclusionary interpretation of Union citizens' rights. The welfare reforms introduced in the UK in the period leading up to the EU referendum vote, for instance, have re-shaped the extent of Union workers' and jobseekers' rights by re-balancing them around the factor of economic contribution and specifically targeting those who are not deemed to actually contribute in the UK. As a result, fixing the threshold of membership in a national solidaristic community in this manner, both at Union and national levels, has created much uncertainty about the fate of Union citizenship and Union citizens' rights derived from the Treaty.

show abstract

mentioning

confidence: 97%

Re Shaping the Paradigm of Social Solidarity in the EU: On the UK's Welfare Reforms and Pre- and Post-EU Referendum Developments

Babayev¹

2016

European Journal of Social Security

View full text Add to dashboard Cite

show abstract

“…Also of relevance here are the welfare provisions available to EU migrants and members of their families, which were already substantially reduced in 2014, through a series of measures and have brought about the cumulative impact of increasing their vulnerability to poverty and destitution, including through loss of work (O'Brien, 2015). While EU migrants are net contributors to the economy, the nature of their low-waged employment which typically involves short-term, casual and agency work indicates that social protection for these individuals needs to extend beyond workers' rights to include welfare rights, including those of their children.…”

Section: Protection Of Existing Workers and Their Familiesmentioning

confidence: 99%

“…While EU migrants are net contributors to the economy, the nature of their low-waged employment which typically involves short-term, casual and agency work indicates that social protection for these individuals needs to extend beyond workers' rights to include welfare rights, including those of their children. Proposals to further restrict welfare provisions for EU migrants have been mooted, leading O'Brien (2015) to question the extent to which the UK is willing to address issues related to social responsibility and justice. This is clearly an area where continued scrutiny is required.…”

Section: Protection Of Existing Workers and Their Familiesmentioning

confidence: 99%

Migration and Differential Labour Market Participation: Theoretical Directions, Recurring Themes, Implications of Brexit and Areas for Future Research

Netto

Craig

2017

Social Policy & Society

View full text Add to dashboard Cite

Extensive research in a number of disciplines, including economics, social policy, sociology, geography and management have been undertaken relating to migrant participation in the labour market. Given the highly topical nature of migrant employment in Western Europe and the US, the aim of this brief review is to draw together some of the more recent attempts to theorise on the presence of migrants in the labour market, discuss some of the recurrent themes that have emerged from empirical research in this area, consider some of the main implications for policy-making in what now seems likely to be known as the post-Brexit era and outline areas for future research. In doing so, the intention is to contribute to further inter-disciplinary theory-building and to a more nuanced understanding of the complexity of this highly politicised area and the implications of migrant employment for policy and future research.

show abstract

“…Concretely, this perspective allows the political Left and CPE scholarship to critique (rather than support) moves by member states in a context of increasing legal uncertainty at the European level (Blauberger and Schmidt, 2014) to increase discrimination within the free movement regime. These are moves which in the UK context have delimited the category of EU non-national resident eligible for non-discrimination to an ever stricter conception of worker with disproportionately adverse impacts on groups of EU citizens with more limited or patchy formal labour market participation, such as women (especially those engaged in reproductive labour) (O'Brien, 2013(O'Brien, :1668(O'Brien, , 2015 or Roma (Parker and López Catalán, 2014).…”

Section: Beyond the Progressive S Dilemmamentioning

confidence: 99%

Critical political economy, free movement and Brexit: Beyond the progressive’s dilemma

Parker

2017

The British Journal of Politics and International Relations

View full text Add to dashboard Cite

The progressive s dilemma suggests that a trade-off exists between, on the one hand, labour and welfare rights underpinned by solidarity and shared identity and, on the other hand, open immigration regimes. With reference to debates on free movement in the UK, it is argued: (1) that a progressive European critical political economy literature of the Left has a tendency to accept this dilemma and resolve it in favour of a the former; (2) that it does so because it erroneously conflates the free movement of people with the (increasingly neoliberal) free movement of goods, capital and services; and (3) that it could and should treat human mobility as qualitatively different and, consequently, need not accept the terms of the progressive s dilemma. The argument has important implications for a progressive politics in general and for the Left s (particularly the Labour Party s position in the UK on free movement (and, by extension, on Brexit).

show abstract

The pillory, the precipice and the slippery slope: the profound effects of the UK's legal reform programme targeting EU migrants

Cited by 37 publications

References 14 publications

Re Shaping the Paradigm of Social Solidarity in the EU: On the UK's Welfare Reforms and Pre- and Post-EU Referendum Developments

Re Shaping the Paradigm of Social Solidarity in the EU: On the UK's Welfare Reforms and Pre- and Post-EU Referendum Developments

Migration and Differential Labour Market Participation: Theoretical Directions, Recurring Themes, Implications of Brexit and Areas for Future Research

Critical political economy, free movement and Brexit: Beyond the progressive’s dilemma

Contact Info

Product

Resources

About