TY - EDBOOK A1 - Costello, Cathryn A1 - Freedland, Mark T1 - Migrants at Work: Immigration and Vulnerability in Labour Law N2 - This collection has its origins in the recognition that there is a highly significant and under-considered intersection and interaction between migration law and labour law. It is the culmination of a collaborative project on ‘Migrants at Work’ funded by the John Fell Fund, the Society of Legal Scholars and the Research Centre at St John’s College, Oxford. The collection aims to shed light on the interactions between immigration, migration law, and labour law, in particular how migration status has a bearing on labour relations and the world of work. Contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging employers’ interests in the supply of labour over worker-protective concerns. In addition, migration law creates a particular form of status, which affects labour relations, thereby dividing the subjects of labour law. While several contributions focus on the UK, other countries examined include Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. The collection identifies how migration law as currently configured jeopardizessome of the values and institutions of labour law. Y1 - 2014 SN - 9780198714101 U6 - https://doi.org/10.1093/acprof:oso/9780198714101.001.0001 PB - Oxford University Press CY - Oxford ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta A1 - Mouzourakis, Minos T1 - New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection N2 - Upon request by the LIBE committee, this study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and guarantee the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Y1 - 2014 UR - http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2014)509989 ER - TY - CHAP A1 - Costello, Cathryn T1 - Reflections on an Anniversary: EU Citizenship at 20 T2 - COMPAS Migration Anthology N2 - I am writing this 20 years to the day after the Maastricht Treaty entered into force on 1 November 1993. ‘Economic and monetary union’ and ‘political union’ (coordinating foreign policy and ‘justice and home affairs’) were the main events. The Treaty also grandly announced: ‘Citizenship of the Union is hereby established’. The status was for those ‘holding the nationality of a Member State’. The rights attached were largely pre-existing and politically underwhelming. Without great fanfare, the weightiest of political concepts was uploaded into the EU Treaty, apparently an afterthought. Y1 - 2014 SN - 9781907271045 PB - COMPAS ER - TY - CHAP A1 - Freedland, Mark A1 - Costello, Cathryn ED - Costello, Cathryn ED - Freedland, Mark T1 - Migrants at Work and the Division of Labour Law T2 - Migrants at Work: Immigration and Vulnerability in Labour Law N2 - This is the opening chapter of the edited collection Costello & Freedland (eds) Migrants at Work: Immigration and Vulnerability in Labour Law (OUP, 2014). Drawing on the wide-ranging contributions to that collection, it identifies the intersection between migration law and labour law, and explores the analytical and normative significance of that intersection. The fact of immigration, and more particularly the various kinds of status which migration law accords to immigrants, are a source of divisiveness in labour law. Existing divisions within labour law, both between labour law’s objectives and its subjects, are exacerbated, and new divisions created. We do not posit the figure of the migrant as vulnerable, but rather identify how migration law creates vulnerability by distorting the employment relationship. In particular, migration law often increases the dependency between worker and employer, and exacerbates the precariousness of the relationship. We identify the unresolved normative tension between the objectives of expanding employers’ access to migrant workers; protecting the employment prospects and conditions of local worker; and acknowledging the importance of migration for the life chances and even, in some instances, survival of migrants. Various regulatory strategies to overcome these tensions and heal these divisions are explored, across migration, human rights and labour law. Y1 - 2014 SN - 9780198714101 U6 - https://doi.org/10.1093/acprof:oso/9780198714101.003.0001 SP - 1 EP - 28 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Costello, Cathryn ED - Bradley, Kieran ED - Travers, Noel ED - Whelan, Anthony T1 - Child Citizens & De Facto Deportation: Tender Years, Fragile Ties & Security of Residence T2 - Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly N2 - Citizens may not be deported. That proposition is today axiomatic – the age of banishment is no more. Non-deportability is not just a hallmark of citizenship, but constitutive thereof. Not being deportable means to enjoy security of residence in the polity, to belong legally. Taking that as given, when may the foreign parents of citizens of ‘tender years’ be deported? This question has been subject of much constitutional controversy in Ireland and at supranational level. Under some approaches, to remove the parents of a young citizen-child is acknowledged as ‘de facto deportation’ of the children, as it means that the child’s right of residence is ineffective or at best only to be exercised under conditions that are themselves a denial of rights. Yet, that approach is permitted under many Constitutions. The present contribution examines this issue, illustrating the wax and wane of domestic constitutional, EU and ECHR protections. Its purpose is not an exhaustive survey of the case law, but rather to identify the different approaches within and across the different systems. Y1 - 2014 SN - 9781782256014 U6 - https://doi.org/10.5040/9781849468404.ch-025 SP - 411 EP - 432 PB - Hart Publishing CY - London ER - TY - CHAP A1 - Costello, Cathryn A1 - Moreno-Lax, Violeta ED - Peers, Steve ED - Hervey, Tamara ED - Kenner, Jeff ED - Ward, Angela T1 - The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model T2 - Commentary on the EU Charter of Fundamental Rights Y1 - 2014 U6 - https://doi.org/10.5771/9783845259055_1700 SP - 1700 EP - 1727 PB - Hart Publishing CY - London ER - TY - CHAP A1 - Costello, Cathryn ED - Peers, Steve ED - Tamara, Hervey ED - Kenner, Jeff ED - Ward, Angela T1 - Article 33: Family & Professional Life T2 - The EU Charter of Fundamental Rights - A Commentary Y1 - 2014 SN - 9783845259055 U6 - https://doi.org/10.5771/9783845259055_934 SP - 934 EP - 969 PB - Hart Publishing CY - London ER -