IDEAS home Printed from https://ideas.repec.org/p/hdl/wpaper/1813.html
   My bibliography  Save this paper

The EU Free Movement of Services and the growing mobility of Third-Country Nationals as posted workers

Author

Listed:
  • Ninke Mussche
  • Dries Lens

Abstract

Over the past decades, a rich literature developed discussing the remarkably strong role the European Court of Justice (CJEU) played in shaping a deeply integrated single market and European society. Scholars labelled the CJEU’s influence on Europe’s institutional evolution as the judicialization of the European regime. Some decried this influence as a problem of democratic deficit, others claimed that the CJEU actually adjusts more to state preferences than often assumed. This article empirically contributes to the judicialization debate by assessing the impact of the Vander Elst Case law, which allowed third country nationals (TCNs) to be posted freely across the EU without need to apply for work permits in the countries of posting – and this on the basis of the free movement of services. Making use of unique Belgian data on posting (LIMOSA registration system), we evaluate the degree to which the CJEU’s case law designed a mobility regime for TCN posted workers. Our data demonstrate that this mobility regime – exclusively created by case-law starting 25 years back – is a ‘grand success’ in two ways: 1) data show that this migration regime is successfully used by a growing number of posted TCNs; 2) the same data indicate that the number of TCNs entering based on posting even outnumbers the TCNs entering through the classic national migration route of work permit and visa. This small regime – carved out through the cooperation of the Court and the EU Commission – further lessens the migration sovereignty of Member States. At the same time, the rising use of posting indicates the increasing role of the free movement of services in developing a single European labour market.

Suggested Citation

  • Ninke Mussche & Dries Lens, 2018. "The EU Free Movement of Services and the growing mobility of Third-Country Nationals as posted workers," Working Papers 1813, Herman Deleeck Centre for Social Policy, University of Antwerp.
  • Handle: RePEc:hdl:wpaper:1813
    as

    Download full text from publisher

    File URL: https://medialibrary.uantwerpen.be/oldcontent/container2453/files/CSB%20WP%202018/CSBWorkingPaper1813.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Andreas Follesdal & Simon Hix, 2006. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 533-562, September.
    2. Carrubba, Clifford J. & Gabel, Matthew & Hankla, Charles, 2008. "Judicial Behavior under Political Constraints: Evidence from the European Court of Justice," American Political Science Review, Cambridge University Press, vol. 102(4), pages 435-452, November.
    3. Larsson, Olof & Naurin, Daniel, 2016. "Judicial Independence and Political Uncertainty: How the Risk of Override Affects the Court of Justice of the EU," International Organization, Cambridge University Press, vol. 70(2), pages 377-408, April.
    4. Gareth Davies, 2016. "The European Union Legislature as an Agent of the European Court of Justice," Journal of Common Market Studies, Wiley Blackwell, vol. 54(4), pages 846-861, July.
    5. Virginia Doellgast & Ian Greer, 2007. "Vertical Disintegration and the Disorganization of German Industrial Relations1," British Journal of Industrial Relations, London School of Economics, vol. 45(1), pages 55-76, March.
    6. Stone Sweet, Alex, 1999. "Judicialization and the Construction of Governance," Center for Culture, Organizations and Politics, Working Paper Series qt2fc6571w, Center for Culture, Organizations and Politics of theInstitute for Research on Labor and Employment, UC Berkeley.
    7. Ines Wagner, 2015. "The Political Economy of Borders in a 'Borderless' European Labour Market," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1370-1385, November.
    8. Florian Trauner & Ariadna Ripoll Servent, 2016. "The Communitarization of the Area of Freedom, Security and Justice: Why Institutional Change does not Translate into Policy Change," Journal of Common Market Studies, Wiley Blackwell, vol. 54(6), pages 1417-1432, November.
    9. Scharpf, Fritz Wilhelm, 2009. "Legitimacy in the multilevel European polity," MPIfG Working Paper 09/1, Max Planck Institute for the Study of Societies.
    10. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(1), pages 41-76, January.
    11. Pollack, Mark A., 2003. "The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU," OUP Catalogue, Oxford University Press, number 9780199251179.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Tonia Novitz & Rutvica Andrijasevic, 2020. "Reform of the Posting of Workers Regime – An Assessment of the Practical Impact on Unfree Labour Relations," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1325-1341, September.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Nicole Lindstrom, 2010. "Service Liberalization in the Enlarged EU: A Race to the Bottom or the Emergence of Transnational Political Conflict?," Journal of Common Market Studies, Wiley Blackwell, vol. 48, pages 1307-1327, November.
    2. Grimmel, Andreas, 2011. "Politics in robes? The European Court of Justice and the myth of judicial activism," Discussion Papers 2/11, Europa-Kolleg Hamburg, Institute for European Integration.
    3. Nicole Lindstrom, 2010. "Service Liberalization in the Enlarged EU: A Race to the Bottom or the Emergence of Transnational Political Conflict?," Journal of Common Market Studies, Wiley Blackwell, vol. 48(5), pages 1307-1327, November.
    4. Andreas Grimmel, 2011. "Integration and the Context of Law: Why the European Court of Justice is not a Political Actor," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    5. Thomas Gehring & Michael Kerler, 2008. "Institutional Stimulation of Deliberative Decision-Making: Division of Labour, Deliberative Legitimacy and Technical Regulation in the European Single Market," Journal of Common Market Studies, Wiley Blackwell, vol. 46, pages 1001-1023, December.
    6. Carsten Hefeker & Michael Neugart, 2016. "Policy deviations, uncertainty, and the European Court of Justice," European Journal of Law and Economics, Springer, vol. 42(3), pages 547-567, December.
    7. Petia Kostadinova, 2015. "Improving the Transparency and Accountability of EU Institutions: The Impact of the Office of the European Ombudsman," Journal of Common Market Studies, Wiley Blackwell, vol. 53(5), pages 1077-1093, September.
    8. Höpner, Martin & Schäfer, Armin, 2012. "Integration among unequals: How the heterogeneity of European varieties of capitalism shapes the social and democratic potential of the EU," MPIfG Discussion Paper 12/5, Max Planck Institute for the Study of Societies.
    9. Kathleen R. McNamara, 2015. "JCMS Annual Review Lecture: Imagining Europe: The Cultural Foundations of EU Governance," Journal of Common Market Studies, Wiley Blackwell, vol. 53, pages 22-39, September.
    10. Fritz W. Scharpf, 2009. "The Asymmetry of European Integration - or why the EU cannot be a Social Market Economy," KFG Working Papers p0006, Free University Berlin.
    11. Dermot Hodson, 2019. "The New Intergovernmentalism and the Euro Crisis: A Painful Case?," LEQS – LSE 'Europe in Question' Discussion Paper Series 145, European Institute, LSE.
    12. Fabio Wasserfallen, 2014. "Political and Economic Integration in the EU: The Case of Failed Tax Harmonization," Journal of Common Market Studies, Wiley Blackwell, vol. 52(2), pages 420-435, March.
    13. Nenad Stojanović & Matteo Bonotti, 2020. "Political Parties in Deeply Multilingual Polities: Institutional Conditions and Lessons for the EU," Journal of Common Market Studies, Wiley Blackwell, vol. 58(3), pages 599-615, May.
    14. De Somer, Marie and Maarten P. Vink, 2015. ""Precedent" and fundamental rights in the CJEU’s case law on family reunification immigration," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 19, January.
    15. Mark A. Pollack, 2007. "The New Institutionalisms and European Integration," The Constitutionalism Web-Papers p0031, University of Hamburg, Faculty for Economics and Social Sciences, Department of Social Sciences, Institute of Political Science.
    16. Darren Hawkins & Wade Jacoby, 2008. "Agent permeability, principal delegation and the European Court of Human Rights," The Review of International Organizations, Springer, vol. 3(1), pages 1-28, March.
    17. Kreuder-Sonnen, Christian, 2018. "An authoritarian turn in Europe and European Studies?," EconStor Open Access Articles, ZBW - Leibniz Information Centre for Economics, pages 452-464.
    18. Dederke, Julian, 2014. "Bahnliberalisierung in der Europäischen Union: Die Rolle des EuGH als politischer und politisch restringierter Akteur bei der Transformation staatsnaher Sektoren," PIPE - Papers on International Political Economy 20/2014, Free University Berlin, Center for International Political Economy.
    19. Büthe Tim, 2010. "Engineering Uncontestedness? The Origins and Institutional Development of the International Electrotechnical Commission (IEC)," Business and Politics, De Gruyter, vol. 12(3), pages 1-64, October.
    20. Chiara Benassi, 2016. "Liberalization Only at the Margins? Analysing the Growth of Temporary Work in German Core Manufacturing Sectors," British Journal of Industrial Relations, London School of Economics, vol. 54(3), pages 597-622, September.

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hdl:wpaper:1813. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Shaun Da Costa). General contact details of provider: http://edirc.repec.org/data/csbuabe.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.