Exzellenzcluster Die Herausbildung normativer Ordnungen
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Defenders of current restrictions on EU immigrants’ access to welfare rights in host member states often invoke a principle of reciprocity among member states to justify these policies. The argument is that membership of a system of social cooperation triggers duties of reciprocity characteristic of welfare rights. Newly arriving EU immigrants who look for work do not meet the relevant criteria of membership, the argument goes, because they have not yet contributed enough to qualify as members on the grounds of reciprocity. Therefore, current restrictions on their access to welfare rights are justified. In this article, I challenge this argument by showing how restrictions on EU immigrants’ access to welfare rights are inconsistent with duties of international reciprocity. There are different variations of this challenge, but my focus here will be on one that uses a veil of ignorance device to support this claim. What matters from a perspective concerned with international reciprocity, I will argue, is what kind of welfare policy EU member states would choose were they not to know whether those receiving EU migrants were net contributors or net beneficiaries to the relevant scheme of international cooperation made possible by the four freedoms, and freedom of movement in particular. I argue that framing the requirement of reciprocity in this way provides a more comprehensive understanding of what should count as an ‘unreasonable burden’ on the welfare systems of host member states. The paper also examines alternative accounts of ‘unreasonable burdens’. It shows when and how the current institutional structure of the EU could take steps to deal with such burdens by preventing member states from gaming a comprehensive system of welfare rights protections across member states and by recognising the achievements of those member states that best serve them.
The pointed commentary published on Verfassungsblog over the last week—coming from different perspectives and informed from different experiences—shows the potential of such debates. In the case of Greece, they are an important addition to a discourse focusing too much on austerity or debt sustainability.
Europe’s new digital borders
(2018)
The European Union’s (EU) external border framework is not only increasingly reliant on digital databases, but these databases are now set to become interoperable. By 2020, the European Commission (EC) aims to have a fully interconnected new architecture for identity management at the border in place. Based on biometric enrolment of all third-country citizens, Europe’s new digital borders raise a number of concerns, including suspicion, large-scale surveillance, and internal policing that spread well beyond the border site.
Border management today is embedded into a complex network of data collection and data analysis that provides authorities with knowledge about who (or what) attempts to cross the border. While still serving as physical chokepoints for the examination and extraction of dangerous, suspicious, or illegitimate elements from global flows of mobility, border operations therefore increasingly rely on a number of databases...