11,569 Works

No room for you in here? The past and the future of the asylum seekers’ reception conditions in Italy

Eugenio Zaniboni
Italy has been particularly exposed to migration flows for more than thirty years. Nevertheless, the development of an asylum seekers’ reception system in compliance with the standards set forth by the Reception Conditions Directive (RCD) has been very slow. After a brief overview of Member States obligations under international and EU law on asylum-seekers’ reception, the article particularly focuses on the national and European case-law, giving a contribution to the reconstruction of the material reception...

Operation EUNAVFOR MED Sophia in the Framework of the European Agenda on Migration: Practical Aspects and Questions of International Law

Eugenio Carli
In June 2015, the EU launched the military naval operation EUNAVFOR MED Sophia under the Common Security and Defence Policy in order to disrupt the business model of human trafficking networks in the Southern Central Mediterranean. The mission can be considered an important operative tool in the framework of the 2015 European Agenda on Migration, as regards in particular its capacity in managing illegal migration into European borders. Yet, the positive outcome of Sophia is...

Nuovo quadro di partenariato dell’Unione europea per la migrazione e profili di responsabilità dell’Italia (e dell’Unione europea) in riferimento al caso libico

Rossana Palladino
With a view to reviewing the implementation of the objectives set by the European Agenda on Migration three years after its adoption, the essay analyzes the political path that the European Union has developed in the context of the external dimension of immigration policy, especially through the creation of a “New Migration Partnership Framework with Third Countries”. In particular, the paper focuses on the cooperation between Italy and Libya established through the Memorandum of Understanding...

Il diritto al gratuito patrocinio nella riforma del Sistema europeo comune di asilo (SECA): un passo avanti e due indietro?

Silvia Favalli
This article purports to analyse the right to legal aid for applicants of international protection in the prospective reform of the Common European asylum system (CEAS). The overall aim is to point out that, despite several shortcomings, the CEAS reform also provides some promising innovations, which are further developing within the institutional debate. Among others, it emerges the implementation of the right to access to justice and to legal aid of the applicants for international...

Il Global Compact sulla migrazione tra scenari internazionali e realtà europea

Cristiana Carletti & Marco Borraccetti
The paper is developed over two main sections. The first one is edited by Cristiana Carletti and is devoted to the protection of human rights of migrants and international protection seekers with the involvement of all institutional and noninstitutional actors within a global framework as defined by the drafting of the Global Compact of a safe, orderly and regular migration encompassing emergency and ordinary assistance measures. The latter is edited by Marco Borraccetti and focuses...

Il diritto penale “contro” lo straniero. Teoria e pratica delle politiche d’integrazione

Maria Ilia Bianco
The aim of this research is to observe that the discriminations that characterize the modern criminal law system are largely related to the social demands of greater security and protection against the threats, often more presumed than concrete, constituted by the presence of small groups of immigrants into the hosted societies which are very different for their cultures and rules. The preconceptions and the fear of the different cultures must not affect the choices of...

¿Donde están los niños sirios? ¿Y dónde están sus derechos? La Unión Europea no puede olvidar sus principios ni traicionarse a sí misma

Ángeles Gutiérrez Zarza
The paper deals with the situation of Syrian children in three different contexts. In Syrian armed conflict, children suffer systematic violations of International Humanitarian Law and International Law of Human Rights. The international community and the EU strongly condemn such attacks and undertake enormous efforts to ensure Humanitarian aid. However, they cannot end the suffering of minors and, as regards the EU, this seems to be largely due to a Common Foreign and Security Policy...

Una "procedura di infrazione" anche nel sistema CEDU: similitudini e divergenze rispetto al "modello UE" ex artt. 258-260 TFUE

Anna Iermano
This article purports to analyse the “infringement proceedings” ex art. 46, paras. 4-5 ECHR in comparison to the “EU model” ex arts 258-260 TFEU, underlining similarities and divergences between them, in particular in the light of the case Mammadov v. Azerbaijan, that is the first case in which the Committee of Ministers decided to use this procedure against a State – Azerbaijan – that refuses to execute a judgment of the European Court of Human...

Ultimi sviluppi sull'Organizzazione Internazionale per le Migrazioni: l'ingresso nel sistema delle Nazioni Unite e la proposta di creare una governance euro-mediterranea dei flussi migratori

Raffaele Cadin
The complex legal/institutional evolution that has always characterized the International Organization for Migration (IOM) culminated in the recent 2016 agreement on relations with the United Nations that defines this entity as a “non-normative organization” and frames it in the spurious category of “related organizations” to the United Nations system and not in the orthodox one of specialized agencies. In addition to dwelling on these legal concepts of not always easy interpretation, the contribution will nevertheless...

La transposición de la orden europea de investigación en materia penal en el ordenamiento español

Ángel Tinoco Pastrana
The Directive 2014/41/EU, regarding the European Investigation Order in criminal matters, introduces into the field of judicial cooperation a new and necessary instrument of mutual recognition for the transnational acquisition of evidence. The transposition of the Directive in the Member States has been irregular. Spain has been one of the States that has incorporated it into its law beyond the deadline established in the Directive. The transposition was carried out with the reform of Act...

La (faticosa) ricerca di valori condivisi nelle politiche europee di gestione dei flussi migratori

Luca Buscema
The international vocation of human rights contributes to enrich the heritage of values of each State and, at the same time, requires the establishment of guarantee instruments that transcend national boundaries and disregard the link of citizenship, so as to meet the needs of protection of the person from aggressions perpetrated within authoritarian systems of government that prevent the free development (of fundamental rights and) of the personality of the individual. In this context, the...

I cittadini europei inattivi e le condizioni per l'accesso alle prestazioni di assistenza sociale in uno Stato membro ospitante: quale lezione dall'ordinamento USA?

Michele Messina
EU migrants’ access to social assistance appears still strongly and incrementally related to the duration of their residency in the host Member State. In the US legal order, the mere bona fide simple residence is sufficient for the access to social assistance at the same conditions of long-term residents. Article 24, paragraph 2, of Directive 38/2004, on the contrary, provides exactly a sort of “durational residency requirement”, which, although unconstitutional in the US, allows EU...

La ayuda humanitaria en la Unión Europea ante el reto de los flujos migratorios

María Isabel Nieto Fernández
Why is the political system of the EU not able to respect, within its borders, the principles and values that are in the spirit of the treaties - the same principles and values that it has so soundly advocated outside them, as it happens in the case of the so–called crisis of refugees and migration? Why are the legal regulations broken and why do the European commitments become so ephemeral? To what extent do these...

L’Agenda europea sulla migrazione dal punto di vista delle migrazioni dei lavoratori qualificati: una valutazione sociologica

Mattia Vitiello
This article aims to detect and analyze the outcomes of the commitments made by the European Agenda on Migration regarding the management of legal migration, with particular reference to its economic dimension. The main objective is to illustrate the implementation and the revision process of the Blue card system for attracting skilled migrants. Furthermore, the assessment of the European migratory regime will be centered on policies dedicated to the selection of foreign labor, based on...

Editoriale

Giancarlo Guarino

The fragmentation of reception conditions for asylum seekers in the European Union: Protecting fundamental rights or preventing long-term integration?

Janine Silga
This article investigates the unequal treatment of asylum seekers across the European Union (EU). In particular, this article explores the way in which Directive 2013/33/EU (the “Reception Conditions Directive”) itself allows for the creation of different categories of asylum seekers who enjoy variable reception conditions as a result. This runs counter the stated objective of the Reception Conditions Directive to harmonise reception conditions in the EU. The fragmented treatment of asylum seekers has become more...

I presupposti teorici della cittadinanza europea: originarie contraddizioni e nuovi limiti

Costanza Margiotta
This paper deals with EU citizenship and with some of the persistent ambiguities present in the case law of the Court of Justice. In the first part, it shows that EU citizenship, at the beginning, had a series of contradictions that are now emerging when it is under stress. In the second part, this work highlights how the economic and financial crisis and the consequent crisis of the political legitimacy of the EU is putting...

The balance between the protection of fundamental rights and the EU principle of mutual trust

Anabela Gonçalves
In 2013, the European Court of Human Rights (ECtHR) was called to decide the Povse case, where the Bosphorus presumption was confronted with the principle of mutual trust and automatic recognition of judgments. These principles are a cornerstone of the EU policy of judicial cooperation in civil matters and are a decisive instrument to the construction of the area of freedom, security and justice. In 2016, in the Avotiņš case, again the ECtHR faced the...

Corte di giustizia e Corte Costituzionale alla ricerca di un nuovo, seppur precario, equilibio: i punti (relativamente) fermi, le questioni aperte e un paio di proposte per un ragionevole compromesso

Antonio Ruggeri
The study critically focuses on the most recent, divergent developments in the jurisprudence of the Italian Constitutional Court and of the Court of Justice of the EU, highlights the limits and shortcomings of the techniques for resolving antinomies (the one that relies on the mechanism of centralized constitutionality control as well as the one represented by the direct application of supranational law) and proposes some solutions aimed at containing (if not entirely eliminating) the risk...

A proposito della Corte di giustizia UE e dei c.d. "controlimiti": i casi Melloni e Taricco a confronto

Tullio Fenucci
The supremacy of European law on the Member States’ law is a basic principle of the European integration process. Nonetheless there are some limits: the so-called “counter-limits”, developed by the constitutional jurisprudence of some Member States and represented by the fundamental principles of the national constitutional legal systems. By the decision of 5 December 2017, issued as part of the well-known Taricco case, the Court of Justice of the European Union seems to have acknowledged...

L'effetto diretto nelle situazioni triangolari e relativi "limiti" nei rapporti orizzontali

Anna Iermano
This article concerns the controversial issue of the limits of the invocability of EU directives in triangular situations. It occurs where an individual invokes against a public authority an obligation imposed on such authority by an unimplemented EU directive, affecting the legal position of a third party in a detrimental way (see, in particular, Fratelli Costanzo e Delena Walls cases). In this regard what is controversial is its detrimental side effect on the legal position...

Il rispetto del principio di legalità, la Corte di Giustizia e il controllo delle funzioni tecniche della Banca Centrale Europea

Pieralberto Mengozzi
The essay illustrates show the reciprocal attention payed by the Court of Justice and the Bundesverfassungsgericht top their freedom, security and justice’s case law has contributed to better their relations to the jurisdiction control of the European Central Bank monetary policy and indicates that reciprocal attention as an example to be followed to overcome a misunderstanding recently arisen between the Court of Justice and the Italian Constitutional Court with reference to the application in Italy...

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