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Principio di proporzionalità e applicazione della direttiva rimpatri
No full textArt. 6 of the Return Directive provides that «Member States shall issue a return decision to any third-country national staying illegally on their territory». The directive is characterized by the gradualness of return decisions, making a distinction between voluntary and forced
return. The approach of the Directive is consistent with the principle of proportionality. However, the above-mentioned distinction is often not found in practice in the Member States.
The proposed reform of the directive runs counter to the goal of encouraging voluntary departure, and therefore to the principle of proportionality and effectiveness of this principle to guarantee individual rights. The same proposal continues to leave the question
of the treatment of irregular but irremovable people unresolved. It seems to us that some provisions of the directive, largely preserved in the recast proposal, provide indications for challenging the problem under consideration.L’art. 6 della direttiva rimpatri prevede che gli «Stati membri adottano una decisione di rimpatrio nei confronti di qualunque cittadino di un paese terzo il cui soggiorno nel loro territorio è irregolare». La direttiva è caratterizzata dalla gradualità delle decisioni pertinenti,
distinguendo tra rimpatrio volontario e forzato. L’impostazione della direttiva è coerente con il principio di proporzionalità. Sennonché, quella stessa distinzione spesso non trova riscontro pratico negli Stati membri.
La proposta di riforma della direttiva si svolge in senso contrario all’obiettivo di favorire la partenza volontaria, e quindi alla proporzionalità e all’azione di questa a garanzia dei diritti individuali. La stessa proposta continua a lasciare irrisolta la questione del trattamento
delle persone irregolari ma irremovibili. A noi pare che alcune disposizioni della direttiva, sostanzialmente conservate nella proposta di rifusione, forniscano indicazioni per affrontare il problema in esame
Uno studio diacronico sulla terminologia europea e internazionale delle migrazioni
No full textThis paper aims at focusing on the terminology used to refer to migration, analyzing two glossaries built on this subject by European and international organizations, respectively the European Migration Network and the International Organization for Migration. This lexical study will make it possible to investigate the terminological evolution this topic has undergone and to reflect on the need, increasingly felt, to create a common and shared terminological code on the matter of migration that is based, where possible, on international standards, as a guarantee of a coherent and aware exchange of information between the actors working in the field of migratory flows
Il nuovo status di protezione immediata ai sensi della proposta di regolamento concernente le situazioni di crisi e di forza maggiore: luci ed ombre
No full textNell’ambito del pacchetto di proposte della Commissione europea seguite al “Nuovo Patto” sulla migrazione e l’asilo, il contributo
si concentra sulla Proposta di Regolamento sulle situazioni di crisi e di forza maggiore e in particolare sullo status di “protezione immediata” ivi previsto. Nel quadro delle forme di protezione internazionale disciplinate dal diritto dell’Unione europea, tale nuovo status è analizzato, in primis, in raffronto alla “protezione temporanea” – destinata ad essere abrogata e, comunque, mai attivata – e, in secundis, in relazione alle riforme previste dal Nuovo Patto, complessivamente caratterizzato dall’incidenza, nel senso della compressione, sui diritti fondamentali dei richiedenti asilo.As a part of the European Commission package of proposals following the “New Pact on Migration and Asylum”, this essay will focus on the Proposal for a Regulation addressing situations of crisis and force majeure and especially on the “immediate protection” status envisaged therein. Within the forms of International protection granted by the European Union law, such a new status is explored, in primis, in comparison with the “temporary protection” – which is intended to be repealed and however never triggered – and, in secundis, in the framework of the New Pact rationale, as characterized by the increasing of interstate solidarity mechanisms despite restrictions on the fundamental rights of asylum-seekers
Right to family reunification of migrants and refugees in the latin american system
No full textFamily reunification of migrants and refugees is a right to be guaranteed and, at the same time, an instrument that contributes to the regularization of migratory flows. The new types of migration complicate the application of the international protection regime. The Latin American protection system of migrants and refugees has specifities that meet the new need of the migratory flows, which, in this region, are mainly intercontinental. This analysis is aimed at verifying how the features of the regional system affect the right to family reunification of migrants and refugees. It takes into account on the one hand the regional instruments in force, and, on the other hand, the State practice on the matter in the reference area, highlighting elements that risk questioning the formally liberal approach of the Latin American model
Immigration detention: the assessment of non-European human rights control bodies
No full textMigrants are particularly exposed to the risk of being deprived of their personal liberty, and not only when national laws punish irregular migration by imprisonment. In fact, a great number of countries resort to administrative detention as an intermediate step before adopting other permanent measures, such as deportation or expulsion. However, this practice has always been strongly criticized not only because it is
proven that strict immigration detention policies do not necessarily deter irregular migration, but also and especially due to its side-effects. Whatever its purpose, as well as being in some cases an excessive and unjustified restriction of the right of personal liberty, it is often accompanied by a series of unacceptable abuses and violations against detainees. Hence, States are exposed to the risk of incurring in international responsibility either directly, for the lack of compliance of the detention measure with international human rights law standard, or indirectly, for the detrimental behaviors carried out against migrants. This paper is therefore aimed at focusing on the immigration detention practice, in order to verify whether this measure, not illegal ex se, complies with the international human rights law. In particular, the analysis is conducted vis-à-vis the principle of the prohibition of arbitrary detention in the light of universal and non-European human rights control bodies assessment
Refugee status, terrorism, and public security: the relationship between international law and European Union law in light of recent EU Court of Justice case law
No full textThis article examines the relationship between the fight
against terrorism and the recognition of international refugee status in
light of the relevant international and European Union legislation and
European Court of Justice case law. In particular, the first part analyses
the 1951 Refugee Convention and related EU legislation containing
similar clauses excluding those who have committed certain crimes
from obtaining refugee status. The analysis also considers whether acts
of terrorism fall within the scope of these exclusion clauses. The second
part examines some decisions of the CJEU that define the criteria for
classifying acts of terrorism in the context of the exclusion clauses in
question. Finally, the third part highlights the important role of the
Luxembourg Court in clarifying international law on refugee matters
through the interpretation of EU la
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Non-discrimination in accessing the welfare system. The effectiveness and primacy of EU law over Italian law
No full textIn the “supranational” system, the objective of the fair
treatment of third-country nationals residing legally in the territory of
the European Union – coupled with a more rigorous integration policy
based on guaranteeing the rights of migrants and obligations similar to
those of European citizens – has led to the adoption of a series of sec
ondary provisions granting specific categories of third-country nation
als a plurality of rights that are progressively similar to those enjoyed
by EU citizens. Focusing on non-discrimination in access to social ser
vices, this chapter examines the effectiveness of these provisions in the
relationship between the European and the Italian legal systems
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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