Cross-Border Welfare State

The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.
Author(s):
Gijsbert Vonk
Series:
Social Europe Series
Volume:
29
book | published | 1st edition
July 2012 | xvi + 260 pp.

Paperback
€59.-


ISBN 9781780680965


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Details

The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements. The background of these trends can be traced back to the way social security interacts with immigration and civic integration policies. This book addresses this interaction and contains contributions on the social security position of irregular migrants, on the reception of asylum seekers, on income requirements in immigration law, on civic integration, on informal social security protection of formally excluded migrants and on social protection and voluntary return. These separate contributions lead to an overall analysis on the position of excluded migrants. Knowing that the exclusion of certain immigrants from social security is legitimate from the point of view of national policies or even from the point of view of the logics of social security itself, what alternative strategies can be developed in order to give protection to excluded migrants without undermining these policies and logics?


About this book
‘It is notable and refreshing that most contributors adopt a balanced and realistic approach when discussing the social security position of non-EU migrants. […] The questions and challenges raised by the editors are timely and important at a moment where many EU migration law instruments are in the process of being revised. The social security position of third-country nationals is a topic that has not been sufficiently addressed so far, neither in the relevant legal documents nor in the academic literature. Overall, the book thus addresses an often overlooked aspect and constitutes a valuable read for anyone interested in one of the related fields of social security, immigration and integration.’
Anja Wiesbrock in 50 CMLR (2013)

‘[this] book is important because it examines the possibility of developing a new approach towards social protection of irregular migrants.’
Freya Semanda in 16 EJSS (2014)

Chapters

Table of Contents (p. 0)

PART A. OVERALL ANALYSIS OF THE RESEARCH FINDINGS

Access denied. Towards a new approach to social protection for formally excluded migrants (p. 1)

PART B. ESSAYS ON MIGRATION AND SOCIAL SECURITY

Irregular labour migrants and access to social protection (p. 61)

Irregular migrant workers and social security (p. 91)

The EU Directive on reception conditions for asylum seekers in relation to international law (p. 113)

The approach of the ECJ and the ECtHR to income requirements in immigration law. How the immigration clause affects judicial means-end scrutiny (p. 139)

PART C. ESSAYS ON MIGRATION AND INTEGRATION

Civic integration in the Netherlands. A new approach towards citizenship (p. 153)

Drawing the border of the nation. Integration as a condition for admission (p. 175)

PART D. INFORMAL SOCIAL SECURITY FOR FORMALLY EXCLUDED MIGRANTS

Across the border. A study into undocumented migrants and transnational forms of social security (p. 199)

PART E. SOCIAL PROTECTION AND VOLUNTARY RETURN

Voluntary return facilities for foreign nationals without residence permits in comparative perspective (p. 217)

Bibliography (p. 239)

Other sources of reference (p. 249)

List of case-law (p. 253)

About the authors (p. 257)

About the series:

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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