This article documents and discusses the importance of the intra-EU posting of third-country national (TCN) labour migrants. TCN labour migrants have traditionally been fixed to one Member State where they reside and work based on a work and residence permit. Case-law of the European Court of Justice allowed TCNs to be posted across the EU based on the free movement of services. We reveal that an increasing number of TCNs from a large variety of citizenships are indeed mobile across the EU as posted workers. We additionally show that most of these workers are low- and medium-skilled and would – in a traditional labour migration setting – have difficulty obtaining a work and residence permit from Member States that privilege highly skilled labour migration. We also demonstrate that the posting of TCNs has the potential to grow into a mobility channel on equal footing with “traditional” TCN labour migration.

中文翻译：

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欧洲堡垒墙上的一个洞：第三国劳工移民的跨欧洲派遣

本文记录并讨论了在欧盟内部派遣第三国国民 (TCN) 劳工移民的重要性。传统上，TCN 劳务移民根据工作和居留许可被固定在他们居住和工作的一个成员国。欧洲法院的判例法允许基于服务的自由流动在整个欧盟发布 TCN。我们发现，越来越多的来自不同国籍的 TCN 确实在整个欧盟作为派驻人员流动。我们还表明，这些工人中的大多数是低技能和中等技能，并且在传统的劳务移民环境中，很难从享有高技能劳务移民特权的成员国那里获得工作和居留许可。