European Birds of Passage - An Empirical Legal Theory of Temporary Labour Migration in Europe

The E-BoP project analyzes the legal framework of temporary labor migration in the EU to redefine key concepts and address socio-economic implications for migrant workers.

Subsidie
€ 1.395.888
2022

Projectdetails

Introduction

The E-BoP project is an innovative study of the legal framework for temporary labour migration in the European Union (EU). While unevenly researched, the subject is hotly debated and in continuous expansion.

Context

Temporary labour migration increasingly represents the compromise between calls to "take back control" of borders and the demands from employers for access to a migrant workforce. The legal regulation of this phenomenon is grounded on concepts such as "temporariness" and "labour market," which are either not defined by the law or are in conflict with their socio-economic reality.

Objectives

E-BoP explores these concepts through an empirical legal analysis to address the foundations of the legal framework for temporary labour migration in the EU. In doing so, it covers forms of temporary labour migration that legal doctrine has never analyzed together, namely:

  1. Posting of workers
  2. Seasonal work
  3. Intra-corporate transfers

Research Questions

The project aims to answer a set of questions concerning this legal framework:

  • What is the implicit definition of "labour market" accepted by legislation and courts, and what are its boundaries?
  • What does the law mean when it classifies certain migrant workers as "temporary"?
  • What would be the legal and socio-economic consequences of conceiving temporary labour migrants as fully integrated in the Member State where they perform their work?

Methodology

The E-BoP project triangulates the results of a systematic analysis of legal documents with quantitative analysis of the phenomena at stake to explore the real-world meaning of concepts upon which the legal regulation of temporary labour migration in the EU is construed.

Broader Implications

As such, the ambition of E-BoP extends beyond the field of labour and social rights and into other legal disciplines and branches of social sciences. Considering how the legal construction influences employment statistics, leading to the undercounting of temporary labour migrants, the project challenges the societal perception of reality.

Financiële details & Tijdlijn

Financiële details

Subsidiebedrag€ 1.395.888
Totale projectbegroting€ 1.395.888

Tijdlijn

Startdatum1-9-2022
Einddatum31-8-2027
Subsidiejaar2022

Partners & Locaties

Projectpartners

  • CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE CNRSpenvoerder

Land(en)

France

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