Edited by Alan Bogg, Cathryn Costello and A. C.L. Davies
Chapter 13: EU migration and asylum law: A labour law perspective
This chapter surveys EU migration and asylum law from a labour law perspective. A labour law perspective is concerned with the work relationship and focuses not only on the worker, but also the employing organisation and any intermediary involved in labour supply. It acknowledges that labour law is a form of labour market regulation, with impacts on the supply and demand for work and workers. Naturally, it is concerned with the right to work and labour rights and the potential for their violation in any work relation. Examining EU migration and asylum law using this multifaceted prism of labour law reveals that EU migration and asylum law has a profound impact on labour law. It should thus command greater attention from EU labour lawyers. That impact may be understood as having three different dimensions. Firstly, migration law affects the supply and demand for migrant workers. In this sense, migration law can be a form of labour market regulation. Secondly, migration and asylum law create different migration statuses that, in turn, determine, at least in part, labour rights. The move to re-introduce status over contract as a determinant of workers’ rights divides the subjects of labour law, as Mark Freedland and I have observed elsewhere. Thirdly, migration status and the fact of migration may be risk factors for labour exploitation. In order to examine these three facets, the particular role of the EU in this field must be explained.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.