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J. Sardelić
EU migrants have certain economic resources, but even more importantly
‘social ties at work’6 and networks that make their mobilities possible. This
is something immobile Romani EU citizens lack.
Considering the position of EU Romani migrants, we can see that in
practice EU free movement does not necessarily address injustices produced
by nation states. In fact, it can also result in new injustice that is not present
on the nation-state level, as De Witte argued. The French L’affaire des Roms
showed what measures the French authorities have taken to deport
‘unwanted’ EU Romani migrants. Among these was the collective demolition of their settlements. We read too little into the potential of EU freedom
of movement if we only think of it as a source of ‘recalibration of justice’.
The official stance of EU freedom of movement is still to a certain extent
connected to the economy, but Romani migrants can be deported in case
they are also labelled as being a threat to public security and order. Here
both opponents and proponents of freedom of movement are reading too
little into the matter, if they think this is only a question of economy and if
they downplay the sentiments based on xenophobia towards Roma. Although
many Romani migrants are labelled as economically inactive, they are only
inactive on the official labour market. According to the 2015 Eurobarometer
on Discrimination7 the stigmatization of Roma is so strong in virtually all
EU Member States that most of them are not able to get work in the official
economy and therefore find employment in unrecognized alternative economic niches. Some studies have shown that many EU Romani migrants
end up as irregular workers without employment contracts or even in forced
labour8 as victims of human trafficking. While they are able to migrate
because of the EU Directive on Freedom of Movement, they do not benefit
from the EU Framework Directive (1989/391/EEC) on safety and health at
work and face additional layers of inequality.
Despite the many objections listed above, I still concur with those who
claim that EU free movement should be defended on a normative as well as
practical level. But it is only so much that EU freedom of movement can
deliver. We cannot expect that as a standalone policy it would ‘recalibrate
6
7
8
Pantea, M. (2012), ‘Social Ties At Work: Roma Migrants And The Community
Dynamics’, Ethnic and Racial Studies 36 (11): 1726-1744.
Available at http://ec.europa.eu/justice/fundamental-rights/files/factsheet_eurobarometer_fundamental_rights_2015.pdf.
Dwyer, P., H. Lewis, L. Scullion & L. Waite (2011), ‘Forced labour and UK
immigration policy: status matters?’, JRF programme paper: Forced labour,
avaialable at https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/
forced_labour_and_uk_immigration_policy._status_matters_1.pdf.
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