chapter  5
18 Pages

The Marshallian triptych reordered: the role of courts and bureaucracies in furthering migrants' social rights: Virginie Guiraudon

Introduction When studying the incorporation of migrants into national welfare states in western Europe, it seems that foreigners enjoy the same access to welfare provisions and education as nationals. Sociologist Yasemin Soysal (1994) believes that this illustrates the advent of 'post-national membership' in post-war Europe, whereby the enjoyment of rights is no longer linked to nationality. In her view, this evolution stems from the diffusion of norms based on residence and 'personhood' crafted by international institutions and transnational collectivities. This chapter offers a different interpretation of the convergence of migrants' access to welfare provisions in Europe.