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Contents

Published online by Cambridge University Press:  02 May 2025

Alezini Loxa
Alezini Loxa
Affiliation:
Lunds Universitet, Sweden

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Chapter
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Sustainability and EU Migration Law
Tracing the History of a Contemporary Concept
 , pp. xi - xiv
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Tables

  2. Acknowledgements

  3. Table of Cases

  4. Table of Legislation

  5. Table of Archival Material

  6. List of Abbreviations

  7. 1Introduction

    1. 1.1Scope

    2. 1.2Premises of the Argument

    3. 1.3The Indeterminacy of EU Sustainable Migration

      1. 1.3.1Sustainability: An Overview

      2. 1.3.2The Disconnect of Migration from Sustainability in EU Policy and Scholarship

      3. 1.3.3The Incoherent Appearance of Sustainability in EU Migration Policy

    4. 1.4EU Legal History as a Precondition for Understanding Sustainable Migration

      1. 1.4.1Material

      2. 1.4.2Delimitations

    5. 1.5Structure and Objectives

  8. Part IAligned Paths from the Treaty of Paris to the Single European Act

    1. 2Migrant Workers Finding Their Way into Community Law

      1. 2.1The Initial Free Movement Framework Aimed at the Optimal Allocation of Manpower

        1. 2.1.1The 1961 Framework

        2. 2.1.2The 1964 Framework

        3. 2.1.3The 1968 Framework

      2. 2.2Social Rights of Community Migrants: A Judicial (R)evolution

        1. 2.2.1Social Advantages Extending the Scope of Equal Treatment

        2. 2.2.2Extensive Interpretation of Social Advantages for the Families of Migrant Workers

        3. 2.2.3The Social Protection of Migrant Workers and Their Families in Education

    2. 3The Ambition of Extending the Scope of Protection to All Migrants

      1. 3.1The Prelude to an Admission Policy: Coordination of National Positions on TCN Migration

      2. 3.2The Case for Abolition of Discrimination between All Migrant Workers

      3. 3.3The Social Imperative of Granting Access to Education to Migrant Children

      4. 3.4The Double Economic and Social Objective of the Community Migration Policy

    3. 4Special Arrangements for Migrants Whose State of Origin Is (About to Be) Implicated in the Development Project

      1. 4.1Turkish Workers under the EEC–Turkey Association Agreement

      2. 4.2A Minimum Right to Non-discrimination in Association Agreements

      3. 4.3Avoiding the Presumed Negative Effects of Migration in Accession Treaties

      4. 4.4The Incorporation of Safeguards and the Attribution of Rights

  9. Part IIDifferentiation from the Single European Act to the Failed Constitutional Treaty

    1. 5Shifting Political Ambitions and Persistent Economic Considerations in the Free Movement Framework

      1. 5.1Economic Considerations Limiting Residence Rights

      2. 5.2The Judicial Aspiration to Overcome the Economic Foundations

    2. 6National Contestation over the Aspiration of Long-Term Solutions to Migration

      1. 6.1The Complicated Issue of a Harmonized Admission Policy

        1. 6.1.1Reactive Approach of the Council Shaped by Economic Fears and Unwillingness to Yield Competence

        2. 6.1.2The Persistent Ambition of the Commission to Align Migration with the Project of Growth

      2. 6.2Laying the Groundwork for Fragmentation and Differentiation

        1. 6.2.1Towards an Autonomous Protection of Migrant Workers’ Families

        2. 6.2.2From a By-product of Economic Progress to a Means of Integration: The Case for Progressive Attribution of Rights

      3. 6.3National Contestation Limiting the Rights of TCN Workers and Social Considerations behind New Demands

    3. 7The Uneven Evolution of Association Agreements

      1. 7.1The Unstoppable(?) Social Orientation of the Court

        1. 7.1.1Economic and Social Considerations behind the Attribution and Consolidation of the Rights of Turkish Workers

        2. 7.1.2Non-discrimination in the Field of Social Security

        3. 7.1.3A Permanent Safeguard: Non-discrimination behind a Limited Right to Remain

      2. 7.2The Backlash to Extensive Judicial Protection

        1. 7.2.1Renegotiating Cooperation to Limit the Scope of Equal Treatment

        2. 7.2.2Structuring Europe Agreements to Avoid Extensive Interpretations by the Court

      3. 7.3The Non-issue of Extending Free Movement Rights to Nationals of Developed European States

  10. Part IIIRealization and Paradoxes from the Failed Constitutional Treaty to Lisbon and Beyond

    1. 8Economic and Social Sustainability behind the Rights of EU Migrants

      1. 8.1Enlargement Limiting the Reach of Law in Order to Safeguard the EU

      2. 8.2The Free Movement Framework as a Sustainable Migration Framework

        1. 8.2.1Economic Preconditions of Legal Residence

        2. 8.2.2Legal Residence under EU Law as a Condition of Social Rights

        3. 8.2.3The Differentiated Status of Workers and Jobseekers

        4. 8.2.4The Case of Family Reunification: Social Objectives Furthering the Reach of EU Law within Defined Limits

        5. 8.2.5Consolidation of Balancing and No More Attempts to Tip the Scale

    2. 9Economic Objectives and Social Demands behind an Incoherent System of Regulation for TCNs

      1. 9.1The Failure of the System of Admission to Promote Economic Objectives

      2. 9.2Differentiated Rights and Privileged Statuses

        1. 9.2.1Attribution of Rights in Order to Maximize Economic Benefits

        2. 9.2.2The Dilution of Equal Treatment in Secondary Law

        3. 9.2.3Erasure of Equal Treatment and Informalization of the Relation of EU with Third Countries

      3. 9.3The Consolidation of Social Rights in the Case-Law

        1. 9.3.1The Judicial Reconstruction of Social Rights of Migrant Workers

        2. 9.3.2Social Rights Compensating for the Lack of a Right to Remain for Turkish Workers

        3. 9.3.3Social Objectives and Economic Risks behind Family Reunification

        4. 9.3.4Security of Residence Promoting the Social Objectives of the EU

        5. 9.3.5Social Rights for Migrant as an Indirect Way of Promoting the Constitutional Elements of EU Law

      4. 9.4Migrants, Citizens, Differentiation, and Incoherence

    3. 10Conclusion

      1. 10.1Economic and Social Sustainability in the Past of EU Migration Law

        1. 10.1.1Economic and Social Considerations in EU Law-Making

        2. 10.1.2Economic and Social Considerations in the Case-Law

      2. 10.2The Inherent Limits of an EU Sustainable Migration

      3. 10.3The Realistic Potential of an EU Sustainable Migration

      4. 10.4Conclusion

  11. Bibliography

  12. Index

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  • Contents
  • Alezini Loxa, Lunds Universitet, Sweden
  • Book: Sustainability and EU Migration Law
  • Online publication: 02 May 2025
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  • Contents
  • Alezini Loxa, Lunds Universitet, Sweden
  • Book: Sustainability and EU Migration Law
  • Online publication: 02 May 2025
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  • Contents
  • Alezini Loxa, Lunds Universitet, Sweden
  • Book: Sustainability and EU Migration Law
  • Online publication: 02 May 2025
Available formats
×