Migration, Social Security and the Law: Some European Dilemmas

Abstract

This article deals with the role of law in determining the position of migrants in the social security system against the background operation of specific migration policies. It is argued that the inclusion of migrants in the social security system can, in part, be explained in terms of the forces that have led to the gradual development of the right to social security. However, it appears that the quality of the treatment given to migrants in social security is strongly dependent upon the migration policies of the states concerned. It is not the existence of migration, but rather the perceived desirability of migration, which affects the legal position of migrants in social security. This has negative effects, in particular for asylum seekers, illegal immigrants and nationals from countries that are not covered by international social security obligations.