Publication
Title
Employment and social security rights of third-country nationals under the EU labour migrations directives
Author
Abstract
This article explores the employment and social security rights of third-country nationals guaranteed by a number of EU Directives which are specifically meant to promote and regulate labour migration to the EU. Some were agreed with a view to making the EU more attractive for labour migration from outside the EU. Others were meant to (partially) harmonise rights and/or procedures in order to create a level playing field between the Member States. More specifically, it examines the relevant provisions in the Blue Card Directive 2009/50, the Employers Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36, the Intra-corporate Transferees Directive 2014/66 and the Students and Researchers Directive 2016/801. The article emphasises that this set of EU labour migration Directives are the result of a sector-by-sector approach. The EU failed to adopt an overall and common EU labour migration policy and corresponding legal instruments. Even with regard to entitlement to equal treatment in terms of employment and social security rights, these EU instruments lack a common approach and give the Member States room to provide for exceptions. In addition, these Directives do not contain any provisions regarding the aggregation of periods of insurance, employment or residence. As a result, they offer additional protection for the social security rights of migrant persons, but they need to be complemented by other instruments such as multilateral or bilateral agreements with third countries, or even human rights instruments.
Language
English
Source (journal)
European journal of social security. - The Hague, 1999, currens
European journal of social security. - The Hague, 1999, currens
Publication
The Hague : Kluwer Law International , 2018
ISSN
1388-2627 [Print]
2399-2948 [Online]
Volume/pages
20 :2 (2018) , p. 100-115
ISI
000438569600003
Full text (Publisher's DOI)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Web of Science
Record
Identification
Creation 03.07.2018
Last edited 29.09.2021
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