An Empty Shell? The Protection of Social Rights of Third-Country Workers in the eu after the Single Permit Directive

An Empty Shell? The Protection of Social Rights of Third-Country Workers in the eu after the... This article critically assesses the effectiveness of third-country nationals’ social rights protection in the eu following the adoption of Directive 2011/98/ eu (‘the Single Permit Directive’). This instrument establishes a single permit for work and residence and sets up a common set of rights for third-country workers legally residing in a Member State. This article argues that despite being an important instrument allowing for a better protection of social rights of third-country nationals, the directive still reveals significant inconsistencies. First, due to difficult negotiations at the Council, the final text of the directive maintains the fragmented approach to legal immigration, excluding several categories of third-country nationals from its personal scope. Second, it also allows Member States the opportunity to impose important restrictions on social rights while implementing the directive. Finally, these restrictions can have considerable implications for the integration of immigrants in the host Member State. Accordingly, the argument is advanced that in reality the protection of third-country workers’ social rights in the eu still largely depends on the Member States’ political will. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

An Empty Shell? The Protection of Social Rights of Third-Country Workers in the eu after the Single Permit Directive

European Journal of Migration and Law, Volume 17 (2-3): 210 – Jun 24, 2015

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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
DOI
10.1163/15718166-12342078
Publisher site
See Article on Publisher Site

Abstract

This article critically assesses the effectiveness of third-country nationals’ social rights protection in the eu following the adoption of Directive 2011/98/ eu (‘the Single Permit Directive’). This instrument establishes a single permit for work and residence and sets up a common set of rights for third-country workers legally residing in a Member State. This article argues that despite being an important instrument allowing for a better protection of social rights of third-country nationals, the directive still reveals significant inconsistencies. First, due to difficult negotiations at the Council, the final text of the directive maintains the fragmented approach to legal immigration, excluding several categories of third-country nationals from its personal scope. Second, it also allows Member States the opportunity to impose important restrictions on social rights while implementing the directive. Finally, these restrictions can have considerable implications for the integration of immigrants in the host Member State. Accordingly, the argument is advanced that in reality the protection of third-country workers’ social rights in the eu still largely depends on the Member States’ political will.

Journal

European Journal of Migration and LawBrill

Published: Jun 24, 2015

Keywords: Single Permit Directive; common set of rights; social rights; integration; third-country nationals; labour immigration

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