Running low on state-capacity: strengthening EU mobile workers’ rights by outsourcing enforcement? The role of advisory services in Germany

Abstract

During the Covid-19 pandemic, the precarious working and living conditions of mobile workers made headlines across Europe. The challenges of securing better working conditions are inherent in the integration of the European single market, which removed market barriers while leaving the enforcement of labour rights to national institutions. At the same time, representing workers’ interests in a cross-border context poses difficulties regarding organisation and access. This paper focuses on the role of civil society actors in the cross-border enforcement process by examining the role of advisory services in Germany. To what extent can these new structures fill existing gaps in the enforcement of labour rights and the representation of the interests of mobile workers? Where do they reach their limits? Empirically, this paper draws on documents, reports and semi-structured expert interviews. The data was analysed using qualitative text analysis. Drawing on the literature on interest representation and the enforcement of EU law, I examine the position of these services in the enforcement process along the lines of the fire-alarm vs. police-patrol dichotomy. I argue that these advisory services function as a “sponsored” fire-alarm, compensating for some of the institutional shortcomings but falling short of structural improvements beyond individualised support.