Search results for "immigrati"
showing 10 items of 551 documents
Immigrati in contesti fragili, tra conflitti latenti e limiti delle politiche locali di accoglienza
2014
Negli ultimi 30 anni le regioni del Sud d'Italia stanno registrando notevoli cambiamenti fisici, sociali ed economici che delineano il profilo territoriale di nuove ed eterogenee forme post-metropolitane nelle quali si registra una elevata presenza di popolazione straniera. In Sicilia, in particolare, la concentrazione degli immigrati nella grande città capoluogo (Palermo) e la dispersione territoriale nei piccoli comuni nell’area sud-orientale restituiscono un “mosaico sociale ristrutturato” (Soja, 2000). Tale condizione è al tempo stesso, rispetto alla scala globale, il risultato dei fenomeni di deterritorializzazione e riterritorializzazione del capitale e del lavoro e, rispetto alla sca…
THE DARK SIDE OF THE LAWS AGAINST HUMAN TRAFFICKING: THE NEED FOR A NEW, NOT EXCLUSIVELY LEGAL, APPROACH AND THE “ITALIAN WAY” IN A GLOBAL WORLD PERS…
2012
il lavoro riguarda l'analisi delle politiche in materia di immigrazione e le risposte in chiave nazionale e sovranazionale
Family reunification: the case of the Muslim migrant children in Europe
2013
Adopting a child is not a legal concept recognized in Islamic law, who however giving a great importance to orphans and children's rights, has introduced the legal institute of the "Kafala". This institute can be defined as a commitment by the "kafil" to ensure maintenance, education and protection of a minor "makfoul" until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the “Kafala” can not be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. If, in one side the Kafala is a legal concept recognized by International Law, in particular by the Unite…
Immigrati e pubblico impiego
2017
The essay analyses the access to public employment by EU and non-EU citizens in the Italian legal framework, which is fragmented and sometimes contradictory, and the reluctance of public administrations to comply with the solutions elaborated by the European Court of Justice. Finally the paper highlights that the elimination of citizenship - excepted the tasks concretely related with the exercise of public powers - could represent a useful tool to develop integration and to attract and retain qualified immigration.
Five Years of the Citizens Directive in the UK - Part 2
2011
This two-part article reviews how the UK authorities have fared in the practical application of Directive 2004/38/EC in the five years since it entered into force. It identifies and examines the most common problems faced by EU citizens when seeking to have their rights recognised by the UK authorities applying the Immigration (European Economic Area) Regulations 2006 by reference to questions and complaints received by Your Europe Advice. In examining the experience of EU citizens and their family members living in the UK, account is taken of a number of recent judgments of the European Court of Justice concerning EU citizenship, including Metock, Lassal, Eman & Sevinger and Ruiz Zambrano.…
La crimmigration e l'espulsione dello straniero-massa
2017
The article primarily aims at offering a theoretical reconstruction of the fundamen- tal characteristics of the so-called crimmigration strategy, as it appears in Italian law. The author’s main thesis is that what differentiates this strategy from the ways in which Italy has traditionally dealt with undesired foreigners is not so much the instruments that are deployed, but the way in which the foreigner him/herself is conceived: not as an individual, but as a “mass-foreigner”. The paper goes on to show how this new conception has affected the legal regulation of expulsions, as it has emerged, in Italy, during the last thirty years. Finally, the author tries to locate crimmigration within th…
Il diritto penale dell'immigrato: brevi spunti di riflessione sul diritto penale della paura
2013
Criminal law of immigration should be more conveniently defined “criminal law of the irregular immigrant”, centred, as it appears essentially focused on the criminalisation of mere subjective statuses, instead of behav- iours harming legal goods. In fact, behind the cover of an apparent balance of the need for protection of human rights and the interest to the control of mi- gration flows, the criminalisation system in this sector appears greatly unbal- anced towards the punishment of socially dangerous types of authors. This is, therefore, a model of criminal law very similar to the “enemy criminal law”. The ratio inspiring the regulations has not changed even after its adapta- tion, throu…
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…
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…
Two solitudes: Singalesi e Tamil tra Catania e Palermo
2012
Immigrants from Sri Lanka in Sicily are the prevailing representatives of the Indian Subcontinent. Their migration took place with the beginning of the ethnic conflict which started in 1983. The two communities, Sinhalese and Tamils, decided to settle respectively in Catania and Palermo proposing the same distrust of the conflict. So the “two solitudes” of the two major Sicilian cities are also the mirror of the lack of communication of the two ethnic groups of Sri Lanka.