dc.contributor.author | CUNNIFFE, Emily Nura | |
dc.date.accessioned | 2020-12-04T15:37:47Z | |
dc.date.issued | 2020 | |
dc.identifier.citation | Florence : European University Institute, 2020 | en |
dc.identifier.uri | https://hdl.handle.net/1814/69151 | |
dc.description | Award date: 18 November 2020 | en |
dc.description | Supervisor : Professor Claire Kilpatrick (European University Insitute) | en |
dc.description.abstract | The figure of the asylum applicant worker sits uncomfortably in the dichotomizing narrative of refugees versus economic migrants that characterizes European migration discourse today. The recast Reception Conditions Directive 2013/33/EU does, however, provide a right to work for asylum applicants. This right to work is further protected in international law. This thesis therefore asks, how has the right to work been implemented in law and in practice in EU Member States? And, to what extent can EU law be used to address factors that may limit the right to work? Through two in-depth case studies of Ireland and Sweden, this thesis argues that an assemblage of conditions and obstacles in both Member States significantly limits the number of applicants who can access and then exercise the right to work. In Ireland, a number of restrictions in law, including a nine-month waiting period, and obstacles in practice, such as an inability to obtain driving licences, limit the number of applicants in employment. In Sweden, while there are few restrictions in law with applicants granted immediate access to the labour market, administrative requirements, such as proof of identity, and obstacles in practice, such as employer disincentive, limit access to the right. The last section turns to EU law to understand the available mechanisms to address limitations. It is shown that while the avenues of the principle of effectiveness and fundamental rights prove useful, EU non-discrimination law, a path chosen in national courts, is limited in protecting the socio-legal status of asylum applicant workers. This thesis contributes to scholarship on the intersection of migration and labour law, within which little attention has been paid to the asylum applicant worker and the socio-legal status this figure holds. | en |
dc.format.mimetype | application/pdf | en |
dc.language.iso | en | en |
dc.publisher | European University Institute | en |
dc.relation.ispartofseries | EUI | en |
dc.relation.ispartofseries | LAW | en |
dc.relation.ispartofseries | LLM Thesis | en |
dc.relation.isreferencedby | http://hdl.handle.net/1814/74434 | |
dc.relation.isreplacedby | http://hdl.handle.net/1814/74434 | |
dc.rights | info:eu-repo/semantics/embargoedAccess | en |
dc.subject.lcsh | Emigration and immigration law -- European Union countries | |
dc.title | Non-Economic migrants as workers : assessing the right to work for asylum applicants | en |
dc.type | Thesis | en |
dc.identifier.doi | 10.2870/17598 | |
eui.subscribe.skip | true | |
dc.embargo.terms | 2024-11-18 | |
dc.date.embargo | 2024-11-18 | |