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UNIVERSITY OF JYVÄSKYLÄ
Homo Economicus as the ideal new EU
citizen: hyper-mobile migrant workers in a
pan-European labour market
Nathan Lillie
14 April 2014
ERC grant #263783, ”Transnational Work and the Evolution of
Sovereignty”
Academy of Finland project ” Industrial Citizenship and Labour
Mobility in the EU: a Migrant Centered Study of Estonia-Finland
and Albania-Italy Labour Mobility”
UNIVERSITY OF JYVÄSKYLÄ
Who is Homo Economicus?
UNIVERSITY OF JYVÄSKYLÄ
Economic Orthodoxy and Homo Economicus
 Persky (1995) economists “See economic man as
virtually the only civilized species in all the social
science”
 He is a myth
• massive multi-country survey by Heinrich et al.
(2001), the authors note: “the canonical model is
not supported in any society studied.”
 Homo Economicus is an ideal type, an analytical place
holder, a guinea pig for what could be accomplished
– Who economists adulate but pretend not to
UNIVERSITY OF JYVÄSKYLÄ
Under some conditions, (i.e. Anarchy) taking goods by force is more rational than
producing them; thus investment in guns pays off more than gains from trade
“There’s a caveat, however, to the
whole approach [of Ricardan trade
theory]. What would prevent Xena –
who is a warrior princess – from just
using some coconuts to bang
Robinson’s head and take away all the
fish from him? Then, if Robinson were
to take that into consideration, he
would have to take appropriate
countermeasures by shifting his
production to defensive goods or other
goods that are less easily appropriable
by Xena” (Skaperdas 2003: 139).
Tilly (1995) Coercion, Capital and European States
- ”War made the states and the states made war”
UNIVERSITY OF JYVÄSKYLÄ
"I don't know what you mean by 'glory'," Alice
said.
Humpty Dumpty smiled contemptuously. "Of
course you don't- till I tell you. I meant
'there's a nice knock-down argument for
you!'"
"But 'glory' doesn't mean 'a nice knock-down
argument'," Alice objected.
"When I use a word," Humpty Dumpty said, in
rather a scornful tone, "it means just what I
choose it to mean- neither more nor less."
"The question is," said Alice, "whether you can
make words mean so many different
things."
"The question is," said Humpty Dumpty, "which
is to be master-that's all."
UNIVERSITY OF JYVÄSKYLÄ
Sociologists, Lawyers: Homo Economicus is
a thief and a bandit
 “In this tale [of Homo Economicus’ moral turpitude],
free markets are responsible for moral decline, anomie
and loneliness, and eat away at their own
foundations…” (Anderson 2000)
 Homo Economicus undermines markets by lying,
cheating and stealing.
– bad behavior is recognized as “destructive when
encouraged in the boardroom or corner office”
(Stout 2003)
•
UNIVERSITY OF JYVÄSKYLÄ
Anthopologists: Homo Economicus is a
victim of capitalist oppression
 Ong (2006) shows
those with social capital
protect themselves from
markets with structures:
internal labour markets,
social security
– Those without are
compeled to live
uncertainty, like
Homo Economicus
UNIVERSITY OF JYVÄSKYLÄ
Policy Problem of Posted Work
 Posted work: company sends
an employee abroad to work
 Home country conditions - EU
free movement
 Workers have different rights
based on nationality of
employer
 EU and national rule system
8
UNIVERSITY OF JYVÄSKYLÄ
Posted Work is a Red Herring
9
UNIVERSITY OF JYVÄSKYLÄ
Current and Proposed Regulation of Posted Work
10
UNIVERSITY OF JYVÄSKYLÄ
New Labour Supply System
 Not all migrant workers are posted workers
– not even all posted workers are posted workers
– but posted work makes regulation impossible
 Workers brought from other countries – most
commonly Eastern Europe or Portugal
 Wage expectations and legally required wages in most
cases lower than domestic workers
 Pay rates, benefits, social payments, travel costs
– usually unclear as to who pays
 Posted work regime not always (not usually?) followed
– but its existence makes regulation impossible
11
UNIVERSITY OF JYVÄSKYLÄ
Evasion of regulation through “sovereignty at bay”:
Relationship between sovereignty, national systems
and national class compromises
 “Embedded liberalism” (Ruggie 1982) 1946-1980s?
 Capitalist world order based on incorporation of working classes through
trade unions embedded in national “systems” of industrial relations – i.e.
national class compromises.
 Class compromises treated with sensitivity in international politics – i.e. core
to national sovereignty
 National systems: “mediating” between domestic class compromise and
world system –
– mediation extends to domestic collective bargaining down to workplace
level (as per “varieties of capitalism”)
UNIVERSITY OF JYVÄSKYLÄ
International Economic System (risk)
National Economic Management
OLD MODEL of territorial sovereignty
Worker
Nathan Lillie – TWES
UNIVERSITY OF JYVÄSKYLÄ
NEW MODEL of deterritorialized sovereignty
International Economic System
International Economic System (risk)
National Economic Management
OLD MODEL of territorial sovereignty
Worker
Worker
Nathan Lillie – TWES
UNIVERSITY OF JYVÄSKYLÄ
Palan, Ong and the spatialization of exception
 Ronen Palan: “spaces of exception”.
Territorial sovereignty a figleaf.
 Aihwa Ong – “latitudes” of citizenship; the logic
of exception in transnational production
“permits the institutionalization of ethnic
discipline and biopolitical technologies in the
same lateral spaces.”
UNIVERSITY OF JYVÄSKYLÄ
Exceptional Spaces and Latitudes of
Citizenship
UNIVERSITY OF JYVÄSKYLÄ
Building Homo Econimicus: Components of
the Ideal New European Citizen
 What is citizenship?
– membership and belonging in a polity
 Liberal “market” citizenship confers rights and
belonging, so as to enable market behavior; it also
demands market behavior
– Third Way, flexicurity, embracing uncertainty
 Segmented labour markets:
– Core: decommodified: more traditional (political, social,
industrial) citizenship
– Periphery: exposed to market risks: more market citizenship
UNIVERSITY OF JYVÄSKYLÄ
Buying into the Myth: realizing citizenship
through autonomous market action
 Interviewee: I am a mercenary. Today I am working for
Infogesta tomorrow I am working for ---- more money.
 Interviewer: Which countries have you worked in
before?
 Interviewee: Columbia, Australia, almost all Europe.
Spain, France, Swiss, Germany, never been in Italy. I
start to make the collection of the plane tickets. (NL
EH Nuon Infogesta – 01 23.6.2012)
UNIVERSITY OF JYVÄSKYLÄ
More prevelant is a sense of compulsion, or
migration as a result of fai
 We come only here because there are no jobs in
Portugal. Because what we earn here is almost what
we earn there. The only problem is that there are no
jobs in our fields. That's the reason we leave to here
[the Netherlands], Belgium, all around the world.
(Portuguese pipefitter, Eemshaven, NL, 2011)
UNIVERSITY OF JYVÄSKYLÄ
Exceptional Spaces, 1st Component:
 Firm practices brought form abroad; no
connection to local context
 “The ECB is a very ominous site. It is something
that our members and we are not happy with.
Züblin is known for undercutting wages and is
generally tying its subcontractors into adhesion
contracts (Knebelvertrag). It is extraterritorial
territory and the German rules and law does not
apply there. They have barbed wire around the
whole site which is already an indication that they
want to shut themselves off” (Interview with
Employers‘ Association Official for Hessen,
25.4.2012).
UNIVERSITY OF JYVÄSKYLÄ
Home Country Firm practices
 No social clauses permitted (Rueffert vs. Land
Niedersachsen)
 Posted workers employed via home country contracts,
by home country firms
 Little control of employment standards in production
chain
 Home country wage standards – in some respects
 Cutting workers, sites, work processes off from local
ties
UNIVERSITY OF JYVÄSKYLÄ
2nd component: Restrictions on unions
and other representation rights
 “The posted workers are not connected to the works council from the
main contractor because they work for a subcontractor.“ Works
councillor, ECB site, Autumn 2011
 ”The employer scares them, that if there is a problem, they be fired and
sent straight home, and alot of the time it happens exactly like that. They
don’t dare complain about.” Kyösti Suokas, 2nd vice president, Finnish
construction workers union, 2008
 “So every time you have to figure out exactly what is the law that applies
to this person. You know, does he have a Dutch contract? Does he have
a Polish contract or a Romanian contract? Is he even under EU law? And
that makes it almost impossible for us to really organize these people”
FNV official, Eemshaven construction site, Spring 2011
UNIVERSITY OF JYVÄSKYLÄ
So, there were you are now sitting, were three Rumanians,
they were so beaten up, you would not believe it. And it
was because they had at last fought for their rights, they
wanted to get their pay, they striked for it and would have
wanted to go home, and wouldn’t however leave their
place. The subcontractor went after them, and got them out
and had his people beat them up. And the most difficult
thing is the subcontractor wasn’t arrested, because he had
a gun in his car a loaded gun (NGG 3, Oldenburg, 2013)
UNIVERSITY OF JYVÄSKYLÄ
Labour rights shell game
 Union rights limited – interactions of EU and national
laws produce gaps
 Theoretically available labour rights difficult to
determine and realize in practice
 Poor enforcement – good enforcement not possible
under current regulatory design
UNIVERSITY OF JYVÄSKYLÄ
3rd component: Disconnect from
national/local social life
 “Here we feel like we are in a prison, as in a
concentration camp. And many are not used to that
type of life. I, for example, am used to this. I have
worked for different companies, i am used to live in the
fields and that's what keeps me here. Otherwise I
would stay 3/4 months and leave.” Portuguese worker
at Eemshaven construction site, NL, 2011
 “In the first month, I lived in Obermarket. There is a
monastary there. We went to a church service there ,
to get to know people, to make friends. But no one
was interested in us. Absolutely not.“ Serbian worker
at airport construction site, Frankfurt, 2012
UNIVERSITY OF JYVÄSKYLÄ
Social Isolation
 employer involvement in making arrangements to
facilitate mobility,
 high degree of dependence by workers on their
employers.
 insular social spaces, which are more transnationally
and home-country oriented than locally embedded.
UNIVERSITY OF JYVÄSKYLÄ
Liberating Power of Homo Economicus
Hypermobile workers destabilize existing national citizenship
practices, but also emancipate: mobility and freedom from
existing institutional constraints.
“the impressionality, anonymity and openness of markets to all
comes is favorably contrasted with social orders in which
people are tightly constrained by parochial connections and
loyalties of family, ethnicity and neighborhood.” (Anderson
2000)
However, the evidence is that there is more disempowerment
going on in market arenas:
 Segmentation, variegated sovereignty: those with power have
security, those who don‘t have markets

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A monastery?Worker: Yes, a monastery. There were about 30-40 of us living there. It was very isolated, in the middle of nowhere. There was nothing around, no shops or anything. It was really difficult.”Portuguese construction worker, interview in Frankfurt, 2013 UNIVERSITY OF JYVÄSKYLÄ4th component: Exposure to market risks “The problem is that the companies can hire and fireus very easily. If there is less work, they send us back.We have no security.” “I have worked for 5-6 different companies in the lastfew years, moving from one site to another

  • 1. UNIVERSITY OF JYVÄSKYLÄ Homo Economicus as the ideal new EU citizen: hyper-mobile migrant workers in a pan-European labour market Nathan Lillie 14 April 2014 ERC grant #263783, ”Transnational Work and the Evolution of Sovereignty” Academy of Finland project ” Industrial Citizenship and Labour Mobility in the EU: a Migrant Centered Study of Estonia-Finland and Albania-Italy Labour Mobility”
  • 2. UNIVERSITY OF JYVÄSKYLÄ Who is Homo Economicus?
  • 3. UNIVERSITY OF JYVÄSKYLÄ Economic Orthodoxy and Homo Economicus  Persky (1995) economists “See economic man as virtually the only civilized species in all the social science”  He is a myth • massive multi-country survey by Heinrich et al. (2001), the authors note: “the canonical model is not supported in any society studied.”  Homo Economicus is an ideal type, an analytical place holder, a guinea pig for what could be accomplished – Who economists adulate but pretend not to
  • 4. UNIVERSITY OF JYVÄSKYLÄ Under some conditions, (i.e. Anarchy) taking goods by force is more rational than producing them; thus investment in guns pays off more than gains from trade “There’s a caveat, however, to the whole approach [of Ricardan trade theory]. What would prevent Xena – who is a warrior princess – from just using some coconuts to bang Robinson’s head and take away all the fish from him? Then, if Robinson were to take that into consideration, he would have to take appropriate countermeasures by shifting his production to defensive goods or other goods that are less easily appropriable by Xena” (Skaperdas 2003: 139). Tilly (1995) Coercion, Capital and European States - ”War made the states and the states made war”
  • 5. UNIVERSITY OF JYVÄSKYLÄ "I don't know what you mean by 'glory'," Alice said. Humpty Dumpty smiled contemptuously. "Of course you don't- till I tell you. I meant 'there's a nice knock-down argument for you!'" "But 'glory' doesn't mean 'a nice knock-down argument'," Alice objected. "When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean- neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master-that's all."
  • 6. UNIVERSITY OF JYVÄSKYLÄ Sociologists, Lawyers: Homo Economicus is a thief and a bandit  “In this tale [of Homo Economicus’ moral turpitude], free markets are responsible for moral decline, anomie and loneliness, and eat away at their own foundations…” (Anderson 2000)  Homo Economicus undermines markets by lying, cheating and stealing. – bad behavior is recognized as “destructive when encouraged in the boardroom or corner office” (Stout 2003) •
  • 7. UNIVERSITY OF JYVÄSKYLÄ Anthopologists: Homo Economicus is a victim of capitalist oppression  Ong (2006) shows those with social capital protect themselves from markets with structures: internal labour markets, social security – Those without are compeled to live uncertainty, like Homo Economicus
  • 8. UNIVERSITY OF JYVÄSKYLÄ Policy Problem of Posted Work  Posted work: company sends an employee abroad to work  Home country conditions - EU free movement  Workers have different rights based on nationality of employer  EU and national rule system 8
  • 9. UNIVERSITY OF JYVÄSKYLÄ Posted Work is a Red Herring 9
  • 10. UNIVERSITY OF JYVÄSKYLÄ Current and Proposed Regulation of Posted Work 10
  • 11. UNIVERSITY OF JYVÄSKYLÄ New Labour Supply System  Not all migrant workers are posted workers – not even all posted workers are posted workers – but posted work makes regulation impossible  Workers brought from other countries – most commonly Eastern Europe or Portugal  Wage expectations and legally required wages in most cases lower than domestic workers  Pay rates, benefits, social payments, travel costs – usually unclear as to who pays  Posted work regime not always (not usually?) followed – but its existence makes regulation impossible 11
  • 12. UNIVERSITY OF JYVÄSKYLÄ Evasion of regulation through “sovereignty at bay”: Relationship between sovereignty, national systems and national class compromises  “Embedded liberalism” (Ruggie 1982) 1946-1980s?  Capitalist world order based on incorporation of working classes through trade unions embedded in national “systems” of industrial relations – i.e. national class compromises.  Class compromises treated with sensitivity in international politics – i.e. core to national sovereignty  National systems: “mediating” between domestic class compromise and world system – – mediation extends to domestic collective bargaining down to workplace level (as per “varieties of capitalism”)
  • 13. UNIVERSITY OF JYVÄSKYLÄ International Economic System (risk) National Economic Management OLD MODEL of territorial sovereignty Worker Nathan Lillie – TWES
  • 14. UNIVERSITY OF JYVÄSKYLÄ NEW MODEL of deterritorialized sovereignty International Economic System International Economic System (risk) National Economic Management OLD MODEL of territorial sovereignty Worker Worker Nathan Lillie – TWES
  • 15. UNIVERSITY OF JYVÄSKYLÄ Palan, Ong and the spatialization of exception  Ronen Palan: “spaces of exception”. Territorial sovereignty a figleaf.  Aihwa Ong – “latitudes” of citizenship; the logic of exception in transnational production “permits the institutionalization of ethnic discipline and biopolitical technologies in the same lateral spaces.”
  • 16. UNIVERSITY OF JYVÄSKYLÄ Exceptional Spaces and Latitudes of Citizenship
  • 17. UNIVERSITY OF JYVÄSKYLÄ Building Homo Econimicus: Components of the Ideal New European Citizen  What is citizenship? – membership and belonging in a polity  Liberal “market” citizenship confers rights and belonging, so as to enable market behavior; it also demands market behavior – Third Way, flexicurity, embracing uncertainty  Segmented labour markets: – Core: decommodified: more traditional (political, social, industrial) citizenship – Periphery: exposed to market risks: more market citizenship
  • 18. UNIVERSITY OF JYVÄSKYLÄ Buying into the Myth: realizing citizenship through autonomous market action  Interviewee: I am a mercenary. Today I am working for Infogesta tomorrow I am working for ---- more money.  Interviewer: Which countries have you worked in before?  Interviewee: Columbia, Australia, almost all Europe. Spain, France, Swiss, Germany, never been in Italy. I start to make the collection of the plane tickets. (NL EH Nuon Infogesta – 01 23.6.2012)
  • 19. UNIVERSITY OF JYVÄSKYLÄ More prevelant is a sense of compulsion, or migration as a result of fai  We come only here because there are no jobs in Portugal. Because what we earn here is almost what we earn there. The only problem is that there are no jobs in our fields. That's the reason we leave to here [the Netherlands], Belgium, all around the world. (Portuguese pipefitter, Eemshaven, NL, 2011)
  • 20. UNIVERSITY OF JYVÄSKYLÄ Exceptional Spaces, 1st Component:  Firm practices brought form abroad; no connection to local context  “The ECB is a very ominous site. It is something that our members and we are not happy with. Züblin is known for undercutting wages and is generally tying its subcontractors into adhesion contracts (Knebelvertrag). It is extraterritorial territory and the German rules and law does not apply there. They have barbed wire around the whole site which is already an indication that they want to shut themselves off” (Interview with Employers‘ Association Official for Hessen, 25.4.2012).
  • 21. UNIVERSITY OF JYVÄSKYLÄ Home Country Firm practices  No social clauses permitted (Rueffert vs. Land Niedersachsen)  Posted workers employed via home country contracts, by home country firms  Little control of employment standards in production chain  Home country wage standards – in some respects  Cutting workers, sites, work processes off from local ties
  • 22. UNIVERSITY OF JYVÄSKYLÄ 2nd component: Restrictions on unions and other representation rights  “The posted workers are not connected to the works council from the main contractor because they work for a subcontractor.“ Works councillor, ECB site, Autumn 2011  ”The employer scares them, that if there is a problem, they be fired and sent straight home, and alot of the time it happens exactly like that. They don’t dare complain about.” Kyösti Suokas, 2nd vice president, Finnish construction workers union, 2008  “So every time you have to figure out exactly what is the law that applies to this person. You know, does he have a Dutch contract? Does he have a Polish contract or a Romanian contract? Is he even under EU law? And that makes it almost impossible for us to really organize these people” FNV official, Eemshaven construction site, Spring 2011
  • 23. UNIVERSITY OF JYVÄSKYLÄ So, there were you are now sitting, were three Rumanians, they were so beaten up, you would not believe it. And it was because they had at last fought for their rights, they wanted to get their pay, they striked for it and would have wanted to go home, and wouldn’t however leave their place. The subcontractor went after them, and got them out and had his people beat them up. And the most difficult thing is the subcontractor wasn’t arrested, because he had a gun in his car a loaded gun (NGG 3, Oldenburg, 2013)
  • 24. UNIVERSITY OF JYVÄSKYLÄ Labour rights shell game  Union rights limited – interactions of EU and national laws produce gaps  Theoretically available labour rights difficult to determine and realize in practice  Poor enforcement – good enforcement not possible under current regulatory design
  • 25. UNIVERSITY OF JYVÄSKYLÄ 3rd component: Disconnect from national/local social life  “Here we feel like we are in a prison, as in a concentration camp. And many are not used to that type of life. I, for example, am used to this. I have worked for different companies, i am used to live in the fields and that's what keeps me here. Otherwise I would stay 3/4 months and leave.” Portuguese worker at Eemshaven construction site, NL, 2011  “In the first month, I lived in Obermarket. There is a monastary there. We went to a church service there , to get to know people, to make friends. But no one was interested in us. Absolutely not.“ Serbian worker at airport construction site, Frankfurt, 2012
  • 26. UNIVERSITY OF JYVÄSKYLÄ Social Isolation  employer involvement in making arrangements to facilitate mobility,  high degree of dependence by workers on their employers.  insular social spaces, which are more transnationally and home-country oriented than locally embedded.
  • 27. UNIVERSITY OF JYVÄSKYLÄ Liberating Power of Homo Economicus Hypermobile workers destabilize existing national citizenship practices, but also emancipate: mobility and freedom from existing institutional constraints. “the impressionality, anonymity and openness of markets to all comes is favorably contrasted with social orders in which people are tightly constrained by parochial connections and loyalties of family, ethnicity and neighborhood.” (Anderson 2000) However, the evidence is that there is more disempowerment going on in market arenas:  Segmentation, variegated sovereignty: those with power have security, those who don‘t have markets