Subject: the migration flows that have been triggered by the lack of economic opportunities in the most deprived areas of the world, and which in recent years have affected Italy and the other industrialized countries of the western world, have now become an endemic and fast-growing reality.
In view of the consolidation of these trends, which appear to be irreversible in nature at least in the short term, the response of the Italian legal system, both on a legislative policy and on a purely technical level, has not always been consistent, often as the result of tension and imbalance between two different requirements: on the one hand, the need to control increasingly large migration flows, also through the use of repressive instruments; on the other hand, the need to guarantee the protection of the fundamental rights of the person, which, as the international Courts and the same Constitutional Court have on several occasions confirmed, set an inescapable limit on the ordinary legislator.
Starting with an analysis of the European Union policies on immigration, having particular regard to the regulations on repatriation, and of the supranational regulations safeguarding asylum rights and refugee status, it will then be necessary to verify, also in the light of the case law of the Court of Justice and of the ECHR, whether these are compatible with the supranational framework of national regulations on entry and stay, and on the administrative and penal mechanisms aimed at guaranteeing their enforcement (also in the light of the very recent Legislative Decree No 89 of 23 June 2011, containing Urgent provisions for completing the implementation of Directive 2004/38/CE on the free movement of EC members and for the transposition of Directive 2008/115/CE on the common standards and procedures for returning illegally staying third-country nationals, and of the regulations related to the situation of foreign minors and family reunification.
Attention will obviously be dedicated also to those sectors, such as the world of employment, in which being a foreigner can entail a greater number of specific problems, especially with regards to discrimination, even though it is resolutely prohibited by European legislation and national law.
Objectives: stimulating reflection among the group in areas related to the forms of safeguards provided to foreigners; facilitating an exchange of experiences and procedures with the aim to supply information and make reasoned comparisons on issues affecting the essential dimension of the individual and in relation to a legislation which is not well-coordinated nor easy to implement.
Structure and methodology: face-to-face presentations followed by discussions, in an attempt to organize the individual problems arising in each sector. The group work method, on the other hand, will be adopted to analyze further the national and supranational case law, including the procedures followed by the various courts, drawing the participants’ attention to the instruments for guaranteeing effective protection. The exchange of information and work results will be reported in the plenary session.
Candidates: magistrates of first instance and high court, as well as two justices of the peace for each of the following districts: Turin, Naples, Rome, Bologna, Milan, Lecce, and Palermo. The course is open to private practice attorneys.