8 June 2016 | Adelaide Law School Forum on Cross-Border Movement of People | Temporary Migration: Challenges and Comparisons

Sponsored by the European Union Centre for Global Affairs at the University of Adelaide, this forum aims to address some of the legal challenges faced by temporary travellers in relation to labour mobility laws and associated regulatory regimes. The main questions to be discussed in this forum are the manner in which the current regulations in Australia and in the EU approach temporary migration and the interaction between these regulatory frameworks and the commercial interests of both Australia and the EU in pursuing enhanced cross-border mobility of services providers and other business travellers.

Professor Friedemann Kainer will provide insights from a German perspective into both temporary and unlimited immigration, transnational access to labour markets and social security in the EU since the Maastricht treaty of 1993. EU-citizens enjoy the right to free movement within the EU as a fundamental freedom. The European Court of Justice (ECJ) not only grants unlimited access to labour markets but also maintains that citizens from other Member States may expect ‘a certain degree of financial solidarity’ in the form of access to social benefits. Immigration from non-EU citizens meanwhile depends on both EU and national law. Several European Commission Directives have been issued, allowing temporary immigration under specific circumstances and granting rights such as equal treatment, in particular to social security and tax benefits. The current situation involving a mass influx of refugees as well as a large number of EU citizens immigrating to other member states without looking for jobs, has put the system under pressure. In reaction, the ECJ in more recent judgements tends to restrict access to social benefits for those who do not work or are not looking for jobs. A similar trend can be observed in Germany.

Emerita Professor Rosemary Owens, Dr Joanna Howe and other speakers from the services business community will discuss temporary people mobility issues arising between the EU and Australia. They will examine the approach to cross-border people movement clauses in free-trade agreements which the EU and Australia have separately negotiated over the past five years, with a view to understanding both jurisdictions’ approach and identifying issues which may arise in the proposed EU-Australia free trade agreement.

There are instances where temporary migrants decide to settle in a country and a perspective will be provided on the challenges they face in their establishment. Dr Natalie Edwards will introduce narratives written by recent Italian immigrants to Australia, questioning notions such as home, belonging and acculturation. While the focus of this forum is on temporary migrants, it will also address some of the challenges faced by migrants more generally.

Date: Wednesday 8 June 2016

Time: 2.00pm – 6.30pm (Refreshments will be served prior to the presentations and conclude afterwards)

Venue: Ligertwood Building, Level 5, North Terrace Campus, The University of Adelaide (Map)

RSVP: Free Event REGISTER HERE (Please register by Monday 6 June for catering purposes)


Panelists include

Professor Friedemann Kainer holds the Chair of Civil Law, German and European Economic and Labour Law at the University of Mannheim in Germany. He has been a Visiting Lecturer at the Universities of Krakow, Belgrade and Cluj. His fields of research include law of the single market, European cartel and business law, labour law.

Emerita Professor Rosemary Owens AO was formerly Dame Roma Mitchell Chair of Law (2008-2015) and Dean of Law (2007-2011) at the University of Adelaide. Her research focuses primarily on the law of work relations, she is a member of the International Labour Organization’s Committee of Experts on the Application of Conventions and Recommendations and a Fellow of the Australian Academy of Law. In 2014 she was appointed as an Officer in the Order of Australia for her distinguished service to law, to international and national labour law and relations, and to women.

Dr Joanna Howe is a Senior Lecturer in Law at the University of Adelaide and a consultant with Harmers Workplace Lawyers. She is regularly invited to present evidence to the Senate Legal and Constitutional Affairs Committee and to advise government departments on Australia’s temporary migration programme and the 457 visa programme.

Dr Natalie Edwards is Senior Lecturer in French Studies and Director of Graduate Studies in the Faculty of Arts at the University of Adelaide. She specializes in minority literature, such as literature written by women, migrants and refugees. She is the author of: Shifting Subjects: Plural Subjectivity in Francophone Women’s Autobiography (2011) and Voicing Voluntary Childlessness: Narratives of Non-mothering in French (2016).

Mr Ivano Casella was appointed Counsellor and Head of the Economic and Trade Section of the EU Delegation to Australia and New Zealand, in September 2014. Prior to that he served as Policy Officer in charge of Trade in Services, at the EU Permanent Mission to the WTO in Geneva (2010-2014). He made most of his career in the Directorate General for Trade at the European Commission. He was in charge of trade relations with South-East Asian countries (2001-2003), responsible for trade negotiations with Mercosur countries (2003-2006) and in charge of trade negotiations with Southern African countries (2006-2010).

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