The Privatization of Control over Labour Migration in the Netherlands: In Whose Interest?

2011 ◽  
Vol 13 (2) ◽  
pp. 185-200 ◽  
Author(s):  
Tesseltje de Lange*

AbstractMigration control has become subject to ‘privatization’ and is more often than not in the form of internal control, such as for example with employer sanctions. This privatization has taken place through coercive and permissive state action. Coercive state action is the implementation of employer sanctions. It is demonstrated how the drive for efficiency and the consequences of the implementation of employer sanctions in the Netherlands in the sphere of private law create a disaggregation between the state and society. In addition to their influence on contracts and civil law suits, employer sanctions in the Netherlands have created a system of private policing. Another form of privatization is the more permissive form of state action entailing the approval by the state of certain employers. These employers are entitled to fast-track and simple procedures, mainly for highly skilled migrant workers, in exchange for acts of migration control. The question is in whose interest these privatizations are taking place. It is argued that the consequences of privatization, however efficient it may be, may in the end not necessarily be in the interest of the nation-state.

Author(s):  
Kevork Oskanian

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.


2021 ◽  
Vol 10 (3) ◽  
pp. 87-100
Author(s):  
Mieke Kox ◽  
Richard Staring

We draw on the concept of deportability to show how unauthorized migrants who (used to) live in the Netherlands perceive and experience Dutch internal-control mechanisms. We first conclude that these migrants’ deportability has serious legal, social, and existential effects on them, which they feel long after their return or deportation to their home country. Second, we state that unauthorized migrants evaluate the Dutch internal-control mechanisms as “one system” in which they distinguish three important, interlinked layers, consisting of (1) divergent actors, (2) laws and policies inside and outside the migration control domains located within (3) different geographies. This implies that individual nation-states, through their internal control mechanisms, also contribute to the externalization of migration control at a supranational level. We conclude that the state’s internal migration controls bring about immobility not only in the countries of settlement but also in the transit and home countries.


Author(s):  
Oleh Boginich

Introduction. State responsibility to civil society is a topic that has already been the subject of research by some scientists. It was studied by political scientists, representatives of constitutional law, administrative law, theory of state and law. At the same time, there are still issues that require additional analysis, since, from the author's point of view, the conclusions drawn in previous studies did not contribute to increasing the state's responsibility to civil society. The aim of the article. To investigate the nature of relations between the state and civil society, to establish the grounds for the emergence of its responsibility to civil society, the forms and methods of its control over the activities of individual state bodies and officials. Results. Control functions are immanent to the vital activity of any system. The specifics of a state-organized society necessitate two functions of control – control by society over the state as a special authorized body for solving general cases of the first, and internal control of the state over compliance with the parameters of the system defined by society. From the content of Article 1 of the Constitution of Ukraine, it follows that Ukraine is a sovereign and independent, democratic, social and legal state. These principles constitute the characteristics of the state, which the society, through its representatives in Parliament, when adopting the basic law, authorized to observe in its activities. However, the practice of the activities of state bodies of Ukraine at the present stage indicates total violations of these principles. One of the reasons for this situation is incorrectly established ties between the state and society. Most authors refer to these relations as parity, where the state and society are equal subjects . From our point of view, they are not and cannot be parity, since the state is a function of society, and there is a functional connection between them. Contrary to these conclusions, the activities of the president of Ukraine and the Verkhovna Rada of Ukraine for violating their duties are not accompanied by the onset of legal liability for them. This, in particular, applies to such cases as the confrontation between the president of Ukraine and the Constitutional Court of Ukraine, where the former unconstitutionally attempted to resolve this confrontation in his favor, suggesting that the parliament dissolve the Constitutional Court of Ukraine. This, in addition to violating their obligations to comply with the Constitution of Ukraine, should also be interpreted as a violation of their oath, which contains similar requirements for their activities. In this regard, measures are considered necessary to apply measures of legal liability to the president for violating his duties and Oath. Similar conclusions should be drawn regarding the failure to fulfill election promises on the part of people's Deputies of Ukraine, as well as their violation of the oath they take in accordance with Article 79 of the Constitution of Ukraine. Conclusions. Summing up, we can conclude that without strengthening the legal responsibility of the state to civil society for non-fulfillment of its duties, the rights of citizens will be subject to systemic violations. Political responsibility is regulated by the norms of law, and therefore it is also a legal liability, it also contains the composition of an offense, in particular a constitutional tort as the basis for its occurrence, and therefore it should necessarily provide for the existence of sanctions for violating the obligations of the relevant authorized entities. Legal liability of officials who head or are members of state bodies should always be accompanied by bringing the perpetrators to justice (constitutional, criminal, administrative, civil, disciplinary).


2018 ◽  
Vol 15 (1) ◽  
Author(s):  
Abdurrahman Konoras

Changes in legal development occur because the law and society are dynamic. Changes in the private law have implications for the strengthening of internal control functions that replace external control functions. Developmental changes in the modern private law are closely related to the changing societies and ruling regimes, which strengthen the role and participation of the people on the one hand, and the diminishing role of the state on the other is inseparable from modernization and democratization within the state and society itself. The contract law, labor law, and consumer protection law are subject to changes arising from the strengthening of internal control functions that replace external control functions.


Author(s):  
Corey Brettschneider

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.


2020 ◽  
Vol 102 ◽  
pp. 613-620
Author(s):  
Igor N. Tyapin

The author of the article uses the works of L.A. Tikhomirov as the basis when examining the problem of criticism of the conditions of the state and society in monarchic Russia during the last decade of its existence from the part of the conservative figures who not only advocated the necessity to preserve the autocracy but also substantially contributed to the working out of the main principles of Russian social development. In particular, the “creative conservators” managed to accomplish the deep philosophic conceptualization of Russian history while trying to find the previously lost ideal of social organization. Tikhomirov’s relevant concepts of the mutual conditionality of Russian national consciousness underdevelopment and state degradation, as well as of the necessity to realize the model of the moral state of justice on the basis of the national idea, were not accepted by the bureaucratic system that resulted before long in the collapse of Russian monarchic state.


2019 ◽  
Vol 9 (4) ◽  
pp. 157-165
Author(s):  
Mansoor Mohamed Fazil

Abstract This research focuses on the issue of state-minority contestations involving transforming and reconstituting each other in post-independent Sri Lanka. This study uses a qualitative research method that involves critical categories of analysis. Migdal’s theory of state-in-society was applied because it provides an effective conceptual framework to analyse and explain the data. The results indicate that the unitary state structure and discriminatory policies contributed to the formation of a minority militant social force (the Liberation Tigers of Tamil Eelam – The LTTE) which fought with the state to form a separate state. The several factors that backed to the defeat of the LTTE in 2009 by the military of the state. This defeat has appreciably weakened the Tamil minority. This study also reveals that contestations between different social forces within society, within the state, and between the state and society in Sri Lanka still prevail, hampering the promulgation of inclusive policies. This study concludes that inclusive policies are imperative to end state minority contestations in Sri Lanka.


2020 ◽  
Vol 7 (3) ◽  
pp. 97-105
Author(s):  
Feruza Davronova ◽  

The purpose of this article is to study the image of socio-political activity of women, their role and importance in the life of the state and society.In this, we referred to the unique books of orientalists and studied their opinions and views on this topic. The article considers the socio-political activity of women, their role in the state and society, the role of the mother in the family and raising a child, oriental culture, national and spiritual values, traditions and social significance of women


Author(s):  
T.B. Mikulin ◽  
IU.S. Panov ◽  
L.I. Krugliak

развитие цифровых технологий сформировало современный тренд к переходу на цифровую экономику для многих развитых государств, что требует кардинального трансформирования многих сфер деятельности государства и обществаthe Development of digital technologies has formed a modern trend towards the transition to a digital economy for many developed countries, which requires a radical transformation of many areas of activity of the state and society.


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