Date: 2021
Type: Working Paper
The elusive triple win : can temporary labour migration dilemmas be settled through fair representation?
Working Paper, EUI RSC, 2021/60, Migration Policy Centre
BAUBÖCK, Rainer, RUHS, Martin, The elusive triple win : can temporary labour migration dilemmas be settled through fair representation?, EUI RSC, 2021/60, Migration Policy Centre - https://hdl.handle.net/1814/71916
Retrieved from Cadmus, EUI Research Repository
Temporary Labour Migration Programmes (TLMPs) are controversial because they are caught in a dilemma between global and domestic justice. From a global justice perspective, TLMPs expand opportunities for workers in poor countries to access labour markets of rich countries and they improve the situation of origin countries through remittances. From a domestic justice perspective, TLMPs violate principles of domestic equality because they always afford migrant workers more restricted rights than those enjoyed by citizens and long-term residents of the host country. Although this dilemma cannot be fully resolved, we argue that TLMPs can be morally justified and recommended if they are characterized by ‘fair representation’ in policy design and implementation and also meet certain democratic legitimacy conditions. TLMPs can be justified if they provide triple benefits for destination and origin countries as well as for migrants themselves, yet the relevant benefits can only be achieved cooperatively through transnational governance in which each of the three groups of actors is fairly represented. This conclusion is supported by our interpretation of the democratic principle of including all affected interests. Under such conditions, some rights of temporary migrant workers in host countries can be regarded as a legitimate outcome of negotiations, while others need to be fixed in advance under a democratic principle of equal protection of all subjected to the laws. Democratic legitimacy also requires that migrants enjoy protection and participation rights as citizens of their countries of origin as well as local citizenship in their countries of residence.
Cadmus permanent link: https://hdl.handle.net/1814/71916
ISSN: 1028-3625
Series/Number: EUI RSC; 2021/60; Migration Policy Centre
Publisher: European University Institute