This panel will provide a panorama in how migrant inclusion and daily live in the EU (and UK) is influenced by counterproductive policies, regulation, and nationalistic political maneuvering. As such, movement in the EU (and former Member State UK) has become more burdened and politically sensitive due to current political trends and societies that are increasingly skeptical about immigration, EU free-movement and EU integration as a whole. The panel will kick-off with two papers highlighting the situation of (EU) migrants post-Brexit in the UK. Prof. Morano Foadi will explore how a vulnerable status of EU Citizens in the EU and the UK leads to exploitation and even modern forms of slavery. Thereafter Cristina Juverdeanu and Adrienne Yong will show with reference to the EU Settlement Scheme and EU law how intersectional discrimination can disadvantage women for undertaking non-traditional work or care, which is also often not continuous. As they will show reliance on automated checks to prove residency exacerbates precarity. Both papers showcase how policies and regulation target ‘unwanted but needed’ groups of immigrants and marginalize them with profound consequences for these groups but also for the receiving societies as a whole. Prof. Hofmannová and Dr. Řepa will then introduce the interesting consequences of arrival and reception of Ukranian refugees in the Czech Republic. Their relatively smooth inclusion by virtue of open and welcoming policies led to increasingly hostile narratives and strengthening of nationalistic policies towards other groups of immigrants and, notably, the Roma minority in the Czech Republic. To conclude the panel Prof. Kostakopoulou will have a look at permanent resident status in EU law for third-country nationals. Arguably the shifts proposed in this area might lead to a redefinition of legal belonging, residence security, and membership in society in the Europe.

This paper delves into the normative implications within EU law, specifically examining the interplay between the rights conferred by EU citizenship and the pervasive issue of labor exploitation in host Member States. Acknowledging the prevalent instances of labor exploitation, societal marginalization, and vulnerabilities experienced by EU citizens across the European Union, the paper underscores the need to address these concerns. It asserts that Union citizenship, as defined in the Treaty on the Functioning of the European Union (TFEU), does not justify labor exploitation in host Member States. Despite granting EU citizens the right to move and work freely within the EU, the paper contends that labor exploitation is categorically unacceptable and illegal. Such exploitation contradicts the foundational principles of equality, dignity, and fair treatment that form the bedrock of the European Union and its commitment to fundamental rights. The aftermath of Brexit has brought heightened attention to the rights and well-being of vulnerable EU citizens working in the UK. While the Withdrawal Agreement (WA) provides protection for EU/EEA citizens who resided in the UK before the end of the transition period, there is an intricate process for acquiring legal residency status. Failure to navigate this process renders individuals vulnerable to exploitation and modern slavery (EMS). A notable research gap is identified concerning vulnerable EU/EEA citizens, particularly those employed in Small and Medium Enterprises (SMEs), a significant segment of the UK economy. The paper advocates for a rights-based approach to integration, challenging xenophobic narratives and exploitative practices, with a specific focus on the labor conditions faced by EU citizens in the UK.

n November 2020, the UK Government admitted that the EU Settlement Scheme is likely to discriminate against some groups protected by the Equality Act 2010 and published an official assessment on this concluding that any discriminatory effects are justifiable. However, discrimination of this type is often defined on a single axis, such as those seen in statistics published quarterly on the EUSS (age, nationality, local authority). This paper will scrutinise a specific group of individuals that risk being discriminated not on their single-axis characteristics, but at the intersection of multiple identities: here, the intersection of gender and class. The former focuses on women, the latter on non-linear career trajectories such as those involving unpaid care or part-time employment.

The argument in this paper is that those who interrupt their continuous employment are at higher risk of being offered protection under the EU Settlement Scheme, disproportionately affecting women more as they are more likely to interrupt full time employment to assume carer roles more often than men. The reliance on automated checks in Government databases to prove residency as one of the main criteria for successful status under the EU Settlement Scheme exacerbates the precarity faced by these women, who are already at risk of falling outside the scope of protection under EU law due to undertaking non-traditional work or care. By tracing the origins of this intersectional discrimination in the EU citizenship legacy and its dependence on the market citizenship paradigm, this paper seeks to explain how this risks being replicated in a post-Brexit Britain. 

At the heart of international and EU law lies the principle of equality and non-discrimination. Yet, its practical embodiment in the Czech Republic reveals intricate layers of disparity, especially when examining the Ukrainian refugees and the Roma minority. Amidst the influx of Ukrainian refugees, a wide and escalating political conflict between this group and the historically marginalized Roma community has become evident. Despite both groups' shared experiences of displacement and discrimination, the Czech Republic's response showcases pronounced political differentiation between Ukrainians and Roma. Czech nationalists, seizing the opportunity, have exploited these sentiments and deepened the schism by leveraging the pre-existing Roma-Ukrainian tensions to further their agenda. This paper delves into the genesis and manifestations of this conflict, probing its alignment with international and EU directives. Notably, while Ukrainian refugees have encountered relatively swifter integration mechanisms, the Roma face deep-seated biases, with the added strain of this newfound conflict. The friction between these two groups, fueled by differing socio-political narratives, access to resources, and public sentiment, raises pivotal legal and ethical concerns. Dissecting the legal, policy, and social frameworks, this study highlights the imperative of addressing both the overt and covert divisions that challenge the tenets of equality.

The European Commission’s Recast Directive on long-term resident third country nationals (TCNs) (27 April 2022) has been envisaged to make the EU LTR status more visible, more popular and more conducive to TCNs movement to another Member State. By repealing a number of restrictions in the Directive 103/09, it is hoped the Union’s employment market will be energised and the internal market will function more effectively. Although the recast Directive does not abolish national long term resident status, it could be argued that an increasing use of the EU LTR status and the growing alignment in national laws will lead to an appreciation of the need for harmonised rules across the EU in order to improve access to labour markets and the effective operation of the internal market. National governments could realise that it would be more cost-effective, simpler and less resource intensive, if an EU LTR permit replaced national LTR permits. This, in turn, could possibly lead to an agreement to extend free movement rights to long-term resident TCNs and to amend the EU citizenship rules so that it is conditioned on long term residence in addition to nationality. In view of the demographic challenges the EU is facing and the upheaval created by Covid-19, intra-EU free movement rights for 23,7 million long-term third country nationals in the EU can no longer be resisted.