Il diritto al ricongiungimento familiare e la sua tutela multilivello


Book Description

Il presente libro si prefigge l’obiettivo di contribuire al chiarimento delle modalità operative utilizzate dall’attuale sistema giuridico comunitario europeo per la tutela del diritto all’unità familiare, e in particolare al diritto al ricongiungimento familiare dell’individuo. Da un punto di vista formale il diritto al ricongiungimento familiare gode di una tutela internazionalistica, comunitaria e nazionale. Nel presente libro viene esaminata la tutela della famiglia e i ricongiungimenti familiari nell’ambito delle Convenzioni internazionali a protezione dei diritti umani; il ricongiungimento familiare e la tutela della vita familiare nello spazio giuridico; diritti dei familiari del cittadino europeo nella normativa e nella giurisprudenza europea; la disciplina contenuta nelle direttive 2004/38/CE e 2003/86/CE; il rapporto tra diritto europeo al ricongiungimento familiare e il rispetto delle norme nazionali in materia di ingresso e di soggiorno degli stranieri. Una parte importante in questo lavoro viene dedicato al diritto al ricongiungimento familiare nel diritto interno, ossia la tutela dell’unita familiare in Italia a norma del Testo Unico immigrazione 296/98. The present book is a contribution to the clarification of operating procedures used by the current legislation of the European Union for the protection of the right to family unity, and in particular the right to family reunification of individuals. From a formal point of view the right to family reunification, enjoys international and national protection. This book examines the protection of family life and family reunification within the framework of international conventions on human rights, family reunification and the protection of family life in the area of justice, the rights of family members of European citizens in the EU legislation and the case law; the rules set by the Directives 2004/38/EC and 2003/86/EC, the relationship between EU legislation on family reunification and the respect of national rules governing the entry and residence of migrants. An important part of this work is dedicated to the right of family reunification in the national law, namely to protect the family unit in Italy in accordance with the Consolidated immigration no. 296/98.




Migration Law in Albania


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in Albania examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies. As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education. Lawyers, scholars, practitioners, policymakers, government administrations, and non-governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in Albania and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.




Migrating Alone


Book Description

The essays that make up this book examine the question of child migration from legal, sociological and anthropological angles, examining the situation in both countries of origin and receiving countries.--Publisher's description.




The Rule of Law History, Theory and Criticism


Book Description

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.




Law in Times of Crisis


Book Description

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.




Europe and Problems of Marketization


Book Description

El autor utiliza la teoría de la "Gran Transformación" de la industrialización de Inglaterra desarrollado por Karl Polanyi para describir la situación actual en Europa. Hay una fuerte mercantilización de la economía y también de la vida social, pero lo que falta es la política social que debe acompañar este proceso. Desde esta perspectiva, la política social y de mercantilización son mutuamente dependientes. El énfasis en la integración más negativa que positiva (para usar los términos concebidos por Fritz Scharpf) en el desarrollo de Europa hace que esta interdependencia sea más difícil de lograr. El reparto de competencias entre el nivel europeo (políticas de mercado) y los Estados nacionales (políticas sociales) hace esta situación aún peor. El único camino a seguir es el fortalecimiento de la dimensión social europea.




The Future of International Migration to OECD Countries


Book Description

Looking to the year 2030, this volume explores the social, economic and environmental forces which, in OECD countries, may combine to attract migrants of various types and backgrounds, and which, primarily in the developing world, may persuade people to leave or stay at home.




Social Control and Justice


Book Description

This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration







Human Rights and the Private Sphere


Book Description

Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.