Search results for "Migration"
showing 10 items of 1709 documents
Mediterranea: Città negata
2020
C’è una città dei morti, in fondo al Mediterraneo, che se i suoi abitanti parlassero ancora racconterebbe tutti gli orrori del misconoscimento della condizione umana, tutti i suoi mali: ogni ingiustizia giace lì, irredimibile. Ma se le città dovrebbero essere quelle dei vivi, più che mai il Mediterraneo è oggi città impossibile, città negata. Perché una città è tale quando una collettività condivide almeno un certo grado di appartenenza ad essa, e ancor di più quando diventa comunità e possiede anche il potere diffuso – seppure solo nelle utopie in misura veramente eguale – di deciderne funzionamenti e modalità di governo. Una città è tale, a prescindere dalle sue dimensioni o dalla moltepl…
Giustizia sovranazionale e migrazioni: disvelando le ambiguità dell’Europa dei diritti, a partire da una critica a Il diritto dei popoli di John Ralws
2022
This paper questions the basis of the power of States to regulate immigration on their territory, by highlighting the contradictions, hypocrisies and omissions that mark both the institutional management of immigration and some theories, such as the one outlined in John Rawls' The Law of Peoples, that this management legitimize more or less directly. The perpetration of injustice on the international arena and the violations of law and rights that derive from it are therefore underlined, taking for example the hypocrisies connected with the application of international refugee law, also in light of the recent terrible evolutions to which the Ukrainian crisis has led.
Il Mare di mezzo: storie di naviganti, di lotta per il diritto e di luci nel buio della frontiera
2022
This paper analyses the way in which, and the reasons why, the Mediterranean Sea, from being a limes between lands, has become the frontier we know today: the space of an emblematic struggle for law and rights, which contrasts the policies of governments with the forced movements of people in migration and with civil society organizations that try to promote and protect fundamental rights. In this context, the direct experience of some search and rescue missions in the Mediterranean Sea has been used to highlight the extent of this conflict with respect to the violation of the national and domestic legal frameworks carried out by the European states, Italy in the lead, also through the invo…
The Central Mediterranean Route: Law Enforcement Without the Rule of Law
2017
It could be successfully argued that there is a general obligation to save lives in danger at sea and that this obligation is moral in nature. Such reasoning, however, is not the specific aim of this paper. Instead, this paper focuses on the legal obligations of the European Union (EU), its Member States, other neighbouring countries, and the EU Border and Coast Guard, towards migrants attempting the risky journey to Europe, in order to find out whether there are any legal steps that can be taken in order to help eliminate deaths in the Mediterranean. The article focuses on the main International Conventions on maritime law, international human rights law, international asylum law, the rele…
Giustizia o umanità? Come e perché le società sviluppate devono rispondere al problema migratorio
2021
The contribution aims to answer the questions indicated in the title in the context of the debate on the theories of justice. It is argued that the theoretical core of the pro- blem concerns the opposition between justice and humanity. According to the theories of domestic justice, it is possible to speak of justice in domestic contexts, while beyond the borders the relevant principle is the less demanding principle of humanity. But the opposition appears controversial both from the point of view of the political community (where there seems to be a need for elements dating back to the sense of humanity), and from the point of view of the international dimension (where the principle of huma…
Emergenza sanitaria, (in)sicurezza e interventi normativi in materia di immigrazione in Italia
2020
The recent legislative measures and practices introduced in Italy in the filed of migration have highlighted many of the juridical problems that the current sanitary crisis is posing, especially with regard to the relationship between state of emergency and constitutional rights, also with regard to the State's obligations under international law. After briefly highliting the danger in opposing individual rights and undetermined political purposes, this contribution underlines the lack of reasonableness and consistency of these interventions. Particular attention is paid to the Decree 7 April, 2020, n. 150, which states that Italian ports, in time of pandemic, cannot be considered safe port…
Diritti individuali vs. scopi collettivi? I provvedimenti in materia di immigrazione al tempo della pandemia
2020
This paper analyses the interventions implemented in Italy in the field of immigration during the covid-19 emergency. The way in which they affect constitutive principles and fundamental rights, by opposing them to collective purposes is considered. The legal notion of “place of safety” is deepened to highlight the problematic nature of the Interministerial Decree 7 April 2020, n. 150 in terms of respect of fundamental rights and international law. Other legislative initiatives and praxis are taken into account as examples of a more general modality of intervention which, in the name of the protection of public health and safety, had controversial and unreasonable results also with respect …
A Just Criminalization of Irregular Immigration: Is It Possible?
2015
The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration (IM) a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving stat…
Disobbedienza civile o lotta per il diritto? Un bilancio di cinque anni di criminalizzazione del soccorso in mare
2022
this contribution traces the main stages of the process of criminalization of non-governmental organizations' search and rescue activities in the Central Mediterranea Sea, to light the paradoxes and the shadows. The theoretical framework is that of the civil disobedience and its counterpart, the obligation to obey the law. This perspective, emblematic for investigating complexity, limits and potential of the law itself, has been used because it can bring out the specificity of the positions assumed by the main players involved in the events, as well as the legal and socio-cultural consequences of their actions, by interrogating the dimensions of legality and justice.
Los resgos para el dereho en tiempos de pandemia: el ejemplo paradigmàtico de los puertos italianos declarados inseguros
2021
The coherence of the legal system becomes a particularly relevant and complex issue with regard to the conflicts that may arise between constitutional principles. From this perspective, the paper considers some immigration laws - and in particular the Ministerial Decree of 7 April 2020, which states that "for the entire duration of the national health emergency resulting from the spread of the COVID_19 virus, Italian ports do not ensure the necessary requirements for the classification and definition of Place of safety ("safe place") "- enacted by the Italian government in the most acute period of the health emergency connected to the spread of covid-19, by evaluating whether they, by affec…