University of Jyväskylä | JYX Digital Repository

  • English  | Give feedback |
    • suomi
    • English
 
  • Login
JavaScript is disabled for your browser. Some features of this site may not work without it.
View Item 
  • JYX
  • Artikkelit
  • Yhteiskuntatieteellinen tiedekunta 31.12.2016 saakka
  • View Item
JYX > Artikkelit > Yhteiskuntatieteellinen tiedekunta 31.12.2016 saakka > View Item

The Right Not to Have Rights: Posted Worker Acquiescence and the European Union Labor Rights Framework

ThumbnailPublisher's PDF
View/Open
325.7 Kb

Downloads:  
Show download detailsHide download details  
Lillie, N. (2016). The Right Not to Have Rights: Posted Worker Acquiescence and the European Union Labor Rights Framework. Theoretical Inquiries in Law, 17(1), 39-62. https://doi.org/10.1515/til-2016-0003
Published in
Theoretical Inquiries in Law
Authors
Lillie, Nathan
Date
2016
Discipline
YhteiskuntapolitiikkaSocial and Public Policy
Copyright
© Walter de Gruyter GmbH, 2016. Published in this repository with the kind permission of the publisher.

 
The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is legitimated in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. ...
Publisher
Walter de Gruyter GmbH
ISSN Search the Publication Forum
1565-1509
Keywords
European union Labor rights työ
DOI
https://doi.org/10.1515/til-2016-0003
URI

http://urn.fi/URN:NBN:fi:jyu-201601291331

Publication in research information system

https://converis.jyu.fi/converis/portal/detail/Publication/25498670

Metadata
Show full item record
Collections
  • Yhteiskuntatieteellinen tiedekunta 31.12.2016 saakka [495]

Related items

Showing items with similar title or keywords.

  • Ranking lists and European Framework Programmes: Does university status matter for performance in Framework Programmes? 

    Nokkala, Terhi; Heller-Schuh, Barbara; Paier, Manfred (Sense Publishers, 2011)
    The operational context for higher education institutions has become increasingly competitive: universities have to compete on national and international markets for students, staff, funding and prestige. In this context, ...
  • EAF Accreditation Framework for the European Career Guidance Practitioners at a Glance 

    Evangelista, Leonardo (2009)
    This contribution presents EAF Accreditation Framework for the European Career Guidance Practitioners, a framework developed to accredit at European level people delivering career guidance. EAF accredits main tasks, i.e. ...
  • Development and functioning of fiscal frameworks in the Central and Eastern European countries 

    Yläoutinen, Sami (University of Jyväskylä, 2005)
  • Investigating Syntactic Complexity in EFL Learners' Writing across Common European Framework of Reference Levels A1, A2, and B1 

    Khushik, Ghulam Abbas; Huhta, Ari (Oxford University Press, 2020)
    The study investigates the linguistic basis of Common European Framework of Reference (CEFR) levels in English as a foreign language (EFL) learners’ writing. Specifically, it examines whether CEFR levels can be distinguished ...
  • Doctoral education reform in Finland : institutionalized and individualized doctoral studies within European framework 

    Aittola, Helena (Taylor & Francis, 2017)
    In Europe, doctoral education systems have been systematically reformed. These reforms are aimed at improving the quality of research and the competitiveness of European countries. In Finland, the reform project of doctoral ...
  • Browse materials
  • Browse materials
  • Articles
  • Conferences and seminars
  • Electronic books
  • Historical maps
  • Journals
  • Tunes and musical notes
  • Photographs
  • Presentations and posters
  • Publication series
  • Research reports
  • Research data
  • Study materials
  • Theses

Browse

All of JYXCollection listBy Issue DateAuthorsSubjectsPublished inDepartmentDiscipline

My Account

Login

Statistics

View Usage Statistics
  • How to publish in JYX?
  • Self-archiving
  • Publish Your Thesis Online
  • Publishing Your Dissertation
  • Publication services

Open Science at the JYU
 
Data Protection Description

Accessibility Statement

Unless otherwise specified, publicly available JYX metadata (excluding abstracts) may be freely reused under the CC0 waiver.
Open Science Centre