Labor Law and Economic Governance in the EU

This post comes out of the early career workshop ‘Law and Political Economy in Europe’which took place at the Centre for Socio-Legal Studies, at the University of Oxford, on the 7th of October 2019. For all the posts this series, click here.

Marco Rocca –

PoliticsineuropeAt the Oxford Workshop, I explored the relationship between the EU economic governance and labor law. In particular, I looked into legal tools of austerity politics and analyzed the role of the Court of Justice of the European Union (CJEU) in cementing this agenda.

During the economic crisis, leadership at the European Central Bank, and the EU Commission resorted to new tools of economic governance across the EU. Their implementation shows how the law can be instrumentalized to actively reduce the ability of trade unions and labor regulations to bring about the decommodification of the factor of production that is labor. This of course builds upon power imbalances in a given situation, in this case, between ‘creditors’ and ‘debtors’, ‘core’ and ‘periphery’ of the European Union.

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The Political Economy of Immigration Enforcement: Part II

Sameer Ashar and Amna Akbar— 

In our first post, we made the case for studying immigration enforcement through a political economy lens. Without political economy, we are left with an ahistorical and inadequate understanding of the challenges and realities of immigration enforcement, which implicate both state and market, and not just Donald Trump and Barack Obama, but our colonial past as well. In this second post, we elaborate on three central insights of a political economy and racial capitalism lens: the rise of “guard labor” in the neoliberal, austerity state; lopsided bargaining power between workers and their bosses; and the persistently colonial dynamics of labor extraction.

First, immigration enforcement is a key part of the expansion of guard labor in the United States: the sector of the modern U.S. economy devoted to ensuring conformity to public and private institutional imperatives. This includes everything from police and private security to detention facilities, jails, and prisons to parole, probation, and surveillance. Consider how immigrant detention facilities are marketed as economic development projects, especially in areas without other sources of jobs and income. Private prison companies, especially, have used underdevelopment and deindustrialization in parts of the United States to make the case for new facilities. Those companies have also marketed detention facilities as providing much-needed jobs for veterans returning from years of extended American military engagement in Afghanistan and Iraq. Municipal and county governments have provided carceral capacity for immigrant detention, at a cost. Immigrant detention brought federal dollars to localities starved for funds during the extended austerity regime of the Bush and Obama administrations.

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