Suchergebnisse

The paper examines the relation between citizenship and regional migrations in recent legislative changes in Argentina from a comparative perspective. The article discusses how these legislative changes are shaping a new migration paradigm and conceptions of citizenship; providing with relevant information about migration and citizenship in the Common Market of the Southern Cone (MERCOSUR). The article first gives a general review of the literature on citizenship and migration, with a focus on Latin America. In this framework, the contribution explores the factors which have driven recent legislative changes on migration and citizenship in Argentina and their implications in the light of the Supreme Court's case law on migrant's rights and access to citizenship. The article further underlines the impact of MERCOSUR regulations on migration and citizenship issues at internal level.

This paper focuses on the current state of EU immigration legislation and aims to provide a critical analysis and suggestions for improvement in the future. Over the past ten years, EU Summits have emphasized the need for the adoption of new legislative measures in order to converge to a true European common policy on immigration. Nowadays, the mainstream debate on immigration in Europe focuses on several different topics. On the one hand, there is the need to secure the borders and control undocumented immigration, while on the other hand there is the question of the protection of migrants' human rights and the improvement of the EU immigration system. There is also a third element, which concerns the EU relations with the immigrants' countries of origin. I intend to examine the new return Directive in the light of EU law and of international human rights law. This Directive sets out the rules and principles to be applied by Member States in cases of illegal immigration, and the measures to be taken by the EU Members. The Directive covers different areas and it applies to third country nationals who do not fulfil, or no longer fulfil, conditions of entry in accordance with EU legislation. In addition, the paper will discuss whether it is possible for the EU to adopt a policy to contribute to the local development of the countries of origin. Within this framework, I will try to answer the following questions: • Is the new EU legislation compatible with international human rights law (in particular, the 1951 Geneva Convention and the 1989 UN Convention on the Rights of the Child)? • Does this new Directive preserve compliance with the European Convention on Human Rights? • What are the implications for the EU immigration system? • What is the possible effect of this new EU directive on relationships with the countries of origin of the immigrants?

The purpose of this paper is to analyze recent developments in the protection of human rights of undocumented migrants and identify unresolved controversial issues in this field. In the current international situation, undocumented migrants continue clearly to face problems concerning their status and their rights, in particular, those who have entered the territory of the State illegally (illegal entrants) or have stayed illegally even if they initially entered legally (migrants who have stayed longer than the law or their permits allow). At the UN level, the tendency in the last twenty years has been towards a gradual development of a more precise framework regarding in particular the situation of migrant workers. Furthermore, regional bodies and regional human rights law provide general standards applicable to specific cases. In particular, the European system of human rights and the inter-American system of human rights offer mechanisms to assess the respect of the commitments by States under international human rights law. It should be pointed out that European Union has been also developing a practice to handle the situation of undocumented migrants. Thus, this paper deals with the protection of human rights of undocumented migrants in two different contexts: Europe and America, analyzing different systems: on the one hand the European Convention on Human Rights System and the European Union, and, on the other and Inter-American System. The progress in the practice of these regional systems in relation to the protection of undocumented migrant is described and the points of convergence between systems as well as controversial are highlighted.