Suchergebnisse

The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions

Building on the RESPOND national country reports, this report discusses the most relevant trends underlying legislative and policy measures implemented between 2011 and 2017 in Austria, Germany, Greece, Hungary, Iraq, Italy, Lebanon, Poland, Sweden,Turkey, and the United Kingdom, in the light of critical literature and scholarly debate. The aim is to provide a comparative legal and institutional analysis of migration governance across countries, highlighting trends and similarities, as well as differences and relevant inconsistencies in the response to mass migration. In doing so, the report offers analytical insights for evaluating the potential implications of the dynamics of migration management in the aforementioned countries. In all countries, the legal framework concerning migration and asylum/international protection is extremely complex and hypertrophic. In each country, legislation has been changing continuously and not necessarily coherently, frequently law makers resorting to decrees instead of proper statutes/acts of Parliament. The outcome is a stratified legal framework, that is extremely fragmented and difficult to be consistently interpreted and implemented. Therefore, the legal enforcement and guarantee of fundamental rights is jeopardized, and often it largely depends on the discretionary power of single offices and individuals. Against the fundamental axiom of legal certainty and predictability, the legal status of migrants and asylum applicants is more and more based on uncertainty.

Chapter 1. Europe's Legal Peripheries: Migration, Asylum and the European Labour Market -- Chapter 2. Between Numbers and Political Drivers: What Matters in Policy-Making -- Chapter 3. Tightening Asylum and Migration Law and Narrowing the Access to European Countries: A Comparative Discussion -- Chapter 4. Migrant integration and the role of the EU -- Chapter 5. "Enchanted with Europe": Family Migration and European Law on Labour-Market Integration -- Chapter 6. Governing through Rituals: Regulatory Ritualism in Czech Migration and Integration Policy -- Chapter 7. Accessing the Danish Labour Market: On the coexistence of legal barriers and enabling factors -- Chapter 8. Legal Issues Affecting Labour Market Integration of Migrants in Finland -- Chapter 9. Between Reception, Legal Stay and Integration in a Changing Migration Landscape in Greece -- Chapter 10. The labour market needs them, but we don't want them to stay for good: the conundrum of MRA integration in Italy -- Chapter 11. 'Fortress' Switzerland? Challenges to Integrating Migrants, Refugees and Asylum-Seekers -- Chapter 12. Regulating Fortress Britain: Migrants, Refugees and Asylum Applicants in the British Labour Market.

This open access book discusses how, and to what extent, the legal and institutional regimes and the socio-cultural environments of a range of European countries (the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK), in the framework of EU laws and policies, have a beneficial or negative impact on the effective capacity of these countries to integrate migrants, refugees and asylum seekers into their labour markets. The analysis builds on the understanding of socio-cultural, institutional and legal factors as "barriers" or "enablers"; elements that may facilitate or obstruct the integration processes. The book examines the two dimensions of integration being access to the labour market (which, translated into a rights language means the right to work) with its corollaries (recognition of qualifications, vocational training, etc.), and non-discriminatory working conditions (which, translated into a rights language means right to both formal and substantial equality) and its corollaries of benefits and duties deriving from joining the labour market. It thereby offers a novel approach to labour market integration and migration/asylum issues given its focus on legal aspects, which includes most recent policy changes and legal decisions (including litigation cases). The robust, evidence-based and comparative research illustrated in the book provides academics and students, but also practitioners and policy makers, with up to date knowledge that will likely impact positively on policy changes needed to better address integration conundrums.

Dieser Sammelband widmet sich dem Solidaritätsprinzip. Er untersucht die Rolle der Solidarität als Rechtsprinzip und als Bestandteil der Politik in acht europäischen Ländern (Dänemark, Frankreich, Deutschland, Griechenland, Italien, Polen, Schweiz und Großbritannien) und innerhalb der Europäischen Union. Ein besonderer Schwerpunkt liegt auf Entwicklungen in drei Themenbereichen: Arbeitslosigkeit, Einwanderung und Asyl sowie Behinderung.Die Analysen zeigen, dass Solidarität ein Verfassungsprinzip in allen acht Ländern ist und somit eine legitime Quelle für Recht, Rechtsprechung und Gesetzgebung darstellt. In den Bereichen Arbeitslosigkeit, Migration und Behinderung wird Solidarität zwar nicht überall als verfassungsrechtliches Prinzipien explizit genannt, aber die Gesetzgebung ist ihr in den genannten Feldern dennoch verpflichtet. Allerdings zeigen die Analysen, dass die Rolle des Solidaritätsprinzips in Zeiten europäischer Krisen in allen untersuchten Ländern und Politikfeldern abnimmt.Mit Beiträgen vonChristian Lahusen, Veronica Federico, Deniz Neriman Duru, Thomas Spejlborg Sejersen, Hans-Jörg Trenz, Manlio Cinalli, Carlo de Nuzzo, Ulrike Zschache, Maria M. Mexi, Nicola Maggini, Janina Petelczyc, Eva Fernández G.G., Délia Girod, Tom Montgomery, Simone Baglioni, Ester di Napoli, Deborah Russo, und Tania Abbiate

The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. - The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions.

The expression 'refugee protection regime' is frequently used to indicate both the national and international system of principles, legal norms, administrative procedures and practical processes that should guarantee protection for those who, forcibly removed from their country of origin, seek (and sometimes manage) to obtain protection as asylum applicants first, and as refugees, beneficiaries of subsidiary protection or national forms of temporary protection once their application has been successful. More than 20 million entries can be retrieved when searching online for 'refugee protection regime', more than six million when searching for 'international protection regime'. The very same expressions have been widely used in RESPOND research addressing both country-specific case studies and comparative analyses.

The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions.

Governing the complexity of contemporary multicultural societies poses major challenges and a constant tension between substantial equality, the right to difference and social order. Tools, paths and strategies to integrate different communities and individuals within the same horizon of rights and duties are essential to give life to new types of citizenship and to a new sense of belonging. The volume aims to open a critical reflection on the subject, allowing to combine the theoretical horizon with the effectiveness of the law, by analysing four relevant experiences in the European panorama: United Kingdom, France, Germany and Italy. These are experiences that propose different models and mechanisms of integration, but which are all crossed by the need to research and experiment innovative and effective paths to cope with one of the most delicate challenges of our time.

This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power.

The report aims at presenting the legal and policy framework of migration governance in Italy, with a specific emphasis on the period between 2011 and 2017, so as to shed light on the series of implemented changes and responses given to the recent migration crisis. In the last few decades, Italy — traditionally an emigration country — has gradually turned also into an immigration country. Since 2014, Italy is receiving the highest number of non-EU citizens looking for economic opportunities and for international protection in its history. The Constitutional Court has represented a fundamental anchor in promoting the legal entitlements of foreigners and in preventing standards downgrading. At domestic level, the national policy on migration has been featured with a structural lack of organic, coherent and effective instruments of planning and management. Concerning the asylum and migration management structure, the responsibility to enact the various procedures does not belong to a single governmental body. Rather, it is scattered among different institutional entities emanating from different tiers of government (from national to local), and it also involves the third sector. After having presented the legal process of granting the international protection in Italy, and the status of asylum applicants and beneficiaries of international protection, the report illustrates the legal status related to the permit to stay for "humanitarian reasons", a specific feature of the Italian legal system. In addition, the report examines legal status related to the following permits to stay: work, family, study, EU long-term residence permit and unaccompanied minors. Finally, the report illustrates the legal status connected to the condition of the so-called 'undocumented migrants', which in Italy are excluded from a number of rights. Section 6 focuses on the time-span 2011–2017, when a number of legislative reforms have been issued with the aim to manage the growing arrival of migrants to Italian shores.