Suchergebnisse

Il diritto fondamentale al cibo : quale il contributo della Carta di Milano? / Marco Gestri -- Il "male minore" : Guantanamo o cibo? / Luigi Costato -- The Role of the UN Special Rapporteur in the Development of the Right to Food : Legitimation through Clarification? / Ioana Cismas -- Cooperazione allo sviluppo e lotta alla fame : ruolo dell'UE e responsabilità degli Stati membri / Elisa Ambrosini -- Anno Europeo per lo Sviluppo e agenda di sviluppo post 2015 : opportunità e sfide per l'azione europea / Franco Conzato -- Nutrire il pianeta attraverso la democrazia e la giustizia / Francesco Petrelli -- Appendice di documentazione, Trattati e atti internazionali sul diritto al cibo / Carta di Milano

To face the extraordinary migration crisis and consequent human tragedy in the Mediterranean, the need has emerged to fight human smugglers and traffickers. The European Union (EU) has launched EUNAVFOR MED, a naval crisis management operation aiming to disrupt the business model of human smuggling in the Central Mediterranean. With Resolution 2240 of 9 October 2015, the UN Security Council, acting under Chapter VII of the Charter, authorised the EU operation to undertake "all measures commensurate to the circumstances" in order to visit, seize, and dispose of vessels used by smugglers. The EU operation is currently limited to the high seas, yet its expansion into Libyan waters and territory is envisaged. This article discusses some issues arising from Resolution 2240 and its implementation by the EU, notably from the viewpoint of the international law of the sea, the rules governing the use of force and human rights law. Problems have also emerged as to the prosecution in Italy of the smugglers apprehended on the high seas. It is submitted that a number of issues have not been clarified by the legal texts adopted and that the action of the EU in this field is still ineffective and rather opaque.

The article discusses some issues of international and European Union (EU) law raised by the expulsion from Italy, and repatriation to Kazakhstan, of Alma Shalabayeva and her daughter, a minor. The expulsion has been described as constituting an act of "extraordinary rendition" by three UN Special Rapporteurs and is said to have manifestly violated the rights of the interested individuals to receive asylum, or other international protection, as well as the principle of non-refoulement. Italy's conduct has also been castigated from an EU law perspective, notably for alleged violations of the Schengen acquis and of the EU's Returns Directive. The author assesses these allegations in the light of the documentation currently available and of the Italian legal framework on migration, arguing that some of the accusations against Italy were proffered without thorough and objective analysis of the factual and legal background. As to the alleged violation of the non-refoulement principle, a diversified picture emerges, with regard to expulsions to Kazakhstan, both from European Court of Human Rights (ECtHR) case law and from recent decisions of national courts on similar cases. Besides, it is not clear whether the failure to consider some crucial elements, in the course of the repatriation procedure, resulted from wilful or negligent conduct on the part of the Italian authorities, or from the reluctance of the individual concerned to produce certain information. At the same time, the author points out that the expulsion procedure carried out in respect of Shalabayeva and her daughter raises a number of legal questions, notably as to the respect of some obligations stemming from Italian immigration law and from the EU Returns Directive.