News - Convened Conferences/Events by Delia Ferri
In the aftermath of " Brexit " and further to the election of Donald Trump as US President, the s... more In the aftermath of " Brexit " and further to the election of Donald Trump as US President, the summer school will offer participants the unique opportunity to discuss emerging challenges faced by the EU in the new international politics domain, including migration, humanitarian crises and human rights, neighbourhood policy, and enlargement.
Journal Articles by Delia Ferri
In recent years, the European Union (EU) has, like much of the developed world, experienced a sus... more In recent years, the European Union (EU) has, like much of the developed world, experienced a sustained period of inward migration from refugee-producing States in Africa and the Middle-East. This ‘refugee crisis’ has placed a strain not only on the political will of the EU institutions and Member States to find a satisfactory resolution to deal with the flow of migrants, but also on their ability to put in place fair processes for
any resulting claims for asylum and to adequately support the needs of asylum seekers while those claims are being processed. This article discusses the latter issue from a discreet angle, focusing on how the EU has addressed the needs of asylum seekers with disabilities. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which enjoys sub-constitutional status within the EU legal order, the EU is obligated to interpret all legislation in light of the Convention. Thus, this article seeks to assess the degree to which Directive 2013/33/EU on the material reception conditions for asylum seekers can protect and promote the rights of asylum seekers with disabilities and fulfill the ‘human rights model of disability’ embedded
within the CRPD. It also assesses the most recent proposal to replace the Directive, and examines whether the potential shortcomings within it have been addressed thus far. Ultimately, it finds that the ambiguities and lack of procedural certainty within the current Directive provide too much room to derogate from the standards arguably mandated by the Convention, and these have yet to be addressed within the new Proposal.
This article discusses the role of European Union (EU) State aid law in the COVID-19 crisis. It c... more This article discusses the role of European Union (EU) State aid law in the COVID-19 crisis. It contends that different Treaty derogations have played unique roles in addressing the core determinants of the economic risk linked to the pandemic (ie the “exposure” to lockdown measures and the “vulnerability” of certain sectors to them), and in increasing the resilience of national economies. Moreover, this article examines the extent to which EU State aid law has been used to manage and mitigate health risks, by allowing Member States to enhance the preparedness and capacity of their healthcare sector (broadly conceived) to respond to the pandemic. On the whole, this article maintains that State aid control has been used by the European Commission as an important “risk management tool”, and it highlights the role of the Commission as the crisis management authority.
Traditionally, EU state aid law has been attached to the goals of maintaining free competition an... more Traditionally, EU state aid law has been attached to the goals of maintaining free competition and preventing the distortionary effects of Member States’ economic intervention, while social considerations have been considered immaterial to state aid control. However, in more recent years, EU state aid law has acquired a clearer ‘social dimension’, indirectly streamlining national subsidies towards social goals. The entry into force of the Treaty of Lisbon, and particularly of Articles 3(3) TEU and 9 TFEU, has had an impact on the way in which social goals have been taken into account in the application of the state aid provisions. In the last decade, the European Commission has sought out a more appropriate balance between the main objective of preserving competition in the internal market on the one hand, and social objectives, also enshrined nowadays in the Treaties, on the other. This ‘social dimension’ is still underdeveloped, but emerges to varying degrees when looking respectively at the definition of state aid under Article 107(1) TFEU, at the scope of the derogations under Articles 107(2) and 107(3) TFEU and at the secondary legislation adopted for their implementation.
European Labour Law Journal, 2019
Daouidi v Bootes Plus SL is one the latest decisions in which the CJEU has been directly confront... more Daouidi v Bootes Plus SL is one the latest decisions in which the CJEU has been directly confronted with the concept of disability in the realm of EU anti-discrimination legislation. In particular, in this judgment, the Court attempted to identify when the dismissal of a worker due to temporary incapacity of an unknown duration may constitute direct discrimination on the grounds of disability. This decision appears to be significant in that, for the first time, the CJEU discusses the meaning of ‘long-term limitation’ for the purpose of Directive 2000/78. Although the Court treads carefully, it attempts to further elucidate and bring new elements to the definition of disability in EU anti-discrimination law. In spite of the fact that the Court is potentially widening the notion of disability, it appears, once again, quite reticent in its approach to the role of social, environmental and attitudinal barriers in disabling an individual, and remains somewhat ‘trapped’ in the medical model of disability. All in all, this analysis endeavors to highlight that the CJEU is struggling to move beyond a rhetorical recognition of the social model of disability and to apply this in practice.
Sommario 1. Cenni introduttivi.-2. Il principio di separazione dei poteri e il potere legislativo... more Sommario 1. Cenni introduttivi.-2. Il principio di separazione dei poteri e il potere legislativo.-3. La delega di potestà normativa al potere esecutivo e i sui limiti.-4. I 'Commencement orders'. 5. Osservazioni conclusive.
The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept... more The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant Euro-pean Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
Il presente contributo si propone di indagare quale sia il contenuto del diritto ad un accomodame... more Il presente contributo si propone di indagare quale sia il contenuto del diritto ad un accomodamento ragionevole e chi ne siano i soggetti titolari. Mettendo in luce l’influenza dispiegata dalla Convenzione e nell’intento di tirare le fila dell’ampio dibattito dottrinale che è rimasto principalmente confinato al disability law, inteso quale settore di ricerca autonomo e, intrinsecamente, “multilivello”, trasversale e interdisciplinare, di matrice anglosassone, il presente scritto si sofferma sull’accomodamento ragionevole all’interno della Convenzione, nel sistema del Consiglio d’Europa e nel diritto eurounitario, con particolare riferimento al ruolo della Corte europea dei diritti dell’uomo e della Corte di giustizia dell’UE (CGUE). In ultimo, si mira a mostrare come le reciproche influenze e la sovrapposizione di strumenti latu sensu normativi, giurisprudenziali e para-giurisprudenziali stiano ampliando la portata del diritto all’accomodamento ragionevole, e come la definizione contenuta nell’articolo 2 CDPD sia penetrata, pur in maniera non omologa, nell’ordinamento eurounitario e in quello del Consiglio d’Europa.
Abstract in English: This article discusses what reasonable accommodation means in the Convention on the Rights of Persons with Disabilities (CRPD) and exhibits how the CRPD has stimulated a process of cross-fertilization in the European legal space. By analysing the Committee on the Rights of Persons with Disabilities jurisprudence, the European Social Committee decisions and Strasbourg and Luxembourg courts case law, it suggests that a gradual convergence around a broad concept of reasonable accommodation has occurred in Europe, though some inconsistencies remain. This article ultimately suggests that reasonable accommodation has become a gateway to equality for people with disabilities across the European jurisdictions.
Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mai... more Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of " modernization " of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD.
Il presente contributo rappresenta la rielaborazione di un intervento tenuto al convegno di studi... more Il presente contributo rappresenta la rielaborazione di un intervento tenuto al convegno di studi dal titolo: "Crisi economica, istituzioni democratiche e decisioni di bilancio", svoltosi a Pisa il 3-4 dicembre 2015. Il convegno ha rappresentato uno dei momenti conclusivi dell'unità locale pisana (coordinata dal Prof. Rolando Tarchi) della ricerca PRIN 2010-2011 "Istituzioni democratiche e amministrazioni d'Europa: coesione e innovazione al tempo della crisi economica" (responsabile scientifico la Prof.ssa Alessandra Pioggia -Università di Perugia). Tale attività è poi proseguita nell'ambito del progetto di ricerca di ateneo (PRA 2016) finanziato dall'Università di Pisa, su "Stato di crisi, poteri di governo, decisioni di bilancio e tutela dei diritti sociali negli stati UE", coordinato dal Prof. Roberto Romboli. Lo scritto, prima di essere inviato alla Rivista è stato sottoposto a referaggio da parte dei responsabili scientifici nazionale e locale e da revisori esterni selezionati dal responsabile dell'unità.
This article examines Commission Regulation (EU) N°651/2014 declaring certain categories of aid c... more This article examines Commission Regulation (EU) N°651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, better known as 2014 General Block Exemption Regulation (GBER) vis-à-vis the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In particular, it frames the GBER within the context of the European disability policy and discusses whether the new GBER complies with the international obligations that the EU has undertaken by concluding the UNCRPD. This article focuses on the GBER provisions concerning aid to employment and training of workers with disabilities and aid compensating for the additional costs of employing workers with disabilities, comparing and contrasting them with those included in the former 2008 GBER. It also comments on the GBER sections related to training aid and to aid for culture and heritage conservation. Both sections contain explicit references to people with disabilities or include disability-related provisions. This article argues that, although the new GBER acknowledges the potential role of State aid in the protection and promotion of the rights of persons with disabilities, it does not mainstream disability to the extent required by the UNCRPD. All in all, this article also attempts to shed a light on the interplay between State aid law and disability policy, which is becoming an interesting and thought-provoking area of study.
International Review of Law, Computers & Technology, 2015
EU State aid law has sought to enable people with disabilities to obtain employment, yet has not ... more EU State aid law has sought to enable people with disabilities to obtain employment, yet has not been explicitly included in the toolbox of policy options to improve the availability and choice of accessible technology within the EU Internal market. This seems to be the consequence of an inherent bias against State intervention in the market, which is mostly unwelcome since it can limit open and free competition. This also reiterates the 'less-aid' policy and the purely economic approach to State aid professed by the European Commission. Against this background, this article discusses the potential for EU State aid policy to foster both 'design for all' and innovative assistive devices for people with disabilities. It seeks to argue that the goal of an EU-wide market of accessible technology can be achieved using EU State aid law. In particular, this article aims to highlight that a more targeted use of EU State aid law can lead developers to increase the production of accessible goods, to adjust or reduce prices and to provide consumers with a greater degree of choice in a greater number of marketplaces. Whilst it adopts a legal approach, this analysis relies inter alia on economic evidence and recalls the pamphlet recently published by Mazzuccato, from which the title of this work has drawn inspiration.
To date EU anti-discrimination legislation, particularly the Employment Equality Directive (Direc... more To date EU anti-discrimination legislation, particularly the Employment Equality Directive (Directive 2000/78/EC), does not provide any clear definition of disability as a ground of
discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a
clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognised that
a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the autious approach adopted by the European Commission in the Proposal for a new non-discrimination directive.
In recent years the European Union (EU) has sought to develop a far-reaching policy regarding per... more In recent years the European Union (EU) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, EU non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (CJEU) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under EU law. The CJEU, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the UN Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.
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News - Convened Conferences/Events by Delia Ferri
Journal Articles by Delia Ferri
any resulting claims for asylum and to adequately support the needs of asylum seekers while those claims are being processed. This article discusses the latter issue from a discreet angle, focusing on how the EU has addressed the needs of asylum seekers with disabilities. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which enjoys sub-constitutional status within the EU legal order, the EU is obligated to interpret all legislation in light of the Convention. Thus, this article seeks to assess the degree to which Directive 2013/33/EU on the material reception conditions for asylum seekers can protect and promote the rights of asylum seekers with disabilities and fulfill the ‘human rights model of disability’ embedded
within the CRPD. It also assesses the most recent proposal to replace the Directive, and examines whether the potential shortcomings within it have been addressed thus far. Ultimately, it finds that the ambiguities and lack of procedural certainty within the current Directive provide too much room to derogate from the standards arguably mandated by the Convention, and these have yet to be addressed within the new Proposal.
Abstract in English: This article discusses what reasonable accommodation means in the Convention on the Rights of Persons with Disabilities (CRPD) and exhibits how the CRPD has stimulated a process of cross-fertilization in the European legal space. By analysing the Committee on the Rights of Persons with Disabilities jurisprudence, the European Social Committee decisions and Strasbourg and Luxembourg courts case law, it suggests that a gradual convergence around a broad concept of reasonable accommodation has occurred in Europe, though some inconsistencies remain. This article ultimately suggests that reasonable accommodation has become a gateway to equality for people with disabilities across the European jurisdictions.
discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a
clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognised that
a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the autious approach adopted by the European Commission in the Proposal for a new non-discrimination directive.
any resulting claims for asylum and to adequately support the needs of asylum seekers while those claims are being processed. This article discusses the latter issue from a discreet angle, focusing on how the EU has addressed the needs of asylum seekers with disabilities. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which enjoys sub-constitutional status within the EU legal order, the EU is obligated to interpret all legislation in light of the Convention. Thus, this article seeks to assess the degree to which Directive 2013/33/EU on the material reception conditions for asylum seekers can protect and promote the rights of asylum seekers with disabilities and fulfill the ‘human rights model of disability’ embedded
within the CRPD. It also assesses the most recent proposal to replace the Directive, and examines whether the potential shortcomings within it have been addressed thus far. Ultimately, it finds that the ambiguities and lack of procedural certainty within the current Directive provide too much room to derogate from the standards arguably mandated by the Convention, and these have yet to be addressed within the new Proposal.
Abstract in English: This article discusses what reasonable accommodation means in the Convention on the Rights of Persons with Disabilities (CRPD) and exhibits how the CRPD has stimulated a process of cross-fertilization in the European legal space. By analysing the Committee on the Rights of Persons with Disabilities jurisprudence, the European Social Committee decisions and Strasbourg and Luxembourg courts case law, it suggests that a gradual convergence around a broad concept of reasonable accommodation has occurred in Europe, though some inconsistencies remain. This article ultimately suggests that reasonable accommodation has become a gateway to equality for people with disabilities across the European jurisdictions.
discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a
clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognised that
a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the autious approach adopted by the European Commission in the Proposal for a new non-discrimination directive.
The Changing Disability Policy System: Active Citizenship and Disability in Europe Volume 1 approaches the conditions for Active Citizenship from a macro perspective in order to capture the impact of the overall disability policy system. This system takes diverse and changing forms in the nine European countries under study. Central to the analysis are issues of coherence and coordination between three subsystems of the disability policy system, and between levels of governance.
This book identifies the implications and policy lessons of the findings for future disability policy in Europe and beyond. It will appeal to policymakers and policy officials, as well as to researchers and students of disability studies, comparative social policy, international disability law and qualitative research methods.
persons with disabilities and its most recent developments. It first discusses the extent to which the right to inclusive education is reflected in the Italian constitution and in national legislation. It then gives a short account of the Italian educational policy for persons with disabilities. It goes on to critically analyses the salient features of the legislative framework and examines its practical implementation in light of domestic case law, domestic monitoring and the CRPD Committee’s COs. In that regard, it also takes into account the criticism raised by DPOs in their shadow reports. It attempts to identify strengths and shortcomings of Italian legislation in light of Article 24 of the CRPD. It
briefly discusses recent developments: the new Law 107/2015 and the governmental proposal for a legislative decree. Finally, it reflects on the
challenges in the implementation of an inclusive and rights-based educational system, and discusses the extent to which the Italian legislative framework has achieved the objective of inclusive education prescribed by the CRPD. It ultimately argues that Italy is committed to the full inclusion of students with disabilities, but, so far, the implementation of substantially progressive legislation has fallen short of the objective of inclusive education prescribed by the CRPD.
This chapter aims to provide an overview of how Italian courts have used and interpreted the CRPD, and endeavours to identify trends and patterns in domestic case law. It is divided into 5 sections. Section 2, after some general observations about the Italian legal system, focuses on how international treaties are incorporated into the Italian legal framework. This section attempts to give the reader a ‘big picture’ of the status of the relationship between Italian law and international treaties to provide context for the subsequent case-law analysis. Section 3 discusses the process leading to the ratification of the CRPD, its current status and incorporation within the Italian legal system. This section aims to clarify the domestic legal context in which the CRPD has been incorporated, and to provide a succinct summary of the legislative changes that have occurred since March 2009. Whilst acknowledging the relevance of regional legislation, this section focuses on national laws. Subsequently, Section 4 identifies which courts are using the CRPD in their judgments and gives an overview of how Italian courts have used the CRPD to date. It is divided into four subsections. After a general account of the methodology used to identify relevant case law, the Constitutional Court jurisprudence is discussed. Then, the decisions of administrative and ordinary courts are examined. Every subsection indicates which CRPD provisions are cited and referred to and the factors prompting courts to refer to the CRPD. Particular attention is paid to the case law of the Constitutional Court: all the relevant decisions are briefly summarized to highlight the role and weight being given to the CRPD, and to show the somewhat shifting nature of its decisions. By contrast, only selected decisions of administrative and ordinary courts are discussed, focusing on how interpretations consistent with the CRPD have been applied, and on the extent to which the Convention has been implemented in judicial decisions.
This chapter takes into account the judicial decisions and academic developments up to December 2015.
The chapter is part of a collective volume on the judicial implementation of the UNCRPD which will be published in early 2018 by Oxford University Press.
The presentation draw on the report “Reasonable accommodation for disabled people in employment”, authored by Delia Ferri and Anna Lawson (http://www.equalitylaw.eu/downloads/3724-reasonable-accommodation-for-disabled-people-in-employment-contexts).
"Migranti con disabilità e vulnerabilità"
Rappresentazioni, politiche, diritti
I Sessione (9:30 - 12:30)
Introduce Baldassare Pastore (Università di Ferrara)
Coordina Orsetta Giolo (Università di Ferrara)
Delia Ferri (Maynooth University) "La condizione giuridica dei migranti con disabilità nelle fonti internazionali e dell’Unione europea"
Stefano Rossi (Università di Bergamo) "Limes. Sulla condizione costituzionale del migrante disabile"
Rosamaria Gaudio (Università di Ferrara e UNESCO Chair in Bioethics Unit) "La rilevanza dell’accertamento medico-legale nel percorso di accoglienza"
Dibattito
II sessione (14 - 17)
Coordina Maria Giulia Bernardini (Università di Ferrara)
Giampiero Griffo (Presidente di Disabled People International – DPI Italia e membro delConsiglio Mondiale DPI) "Il dibattito internazionale sui migranti con disabilità"
Lavinia D’Errico (CeRC – Centre for Governamentality and Disability Studies Robert Castel) "Percorsi di accoglienza dei migranti con disabilità: il progetto AMiD"
Dimitris Argiropoulos (Università di Parma) "Migrazioni di umanità: Accoglienze e percorsi di Integrazione/Inclusione. L'operatività socio-educativa e lepolitiche sociali"
Dibattito
Interventi di:
Marisa Calacoci (S.I.M.M.), Paola Castagnotto (Servizio Sanitario Regionale Emilia Romagna), Letizia Zanini (SPRAR DM Ferrara), Andrea Zimelli (Centro H)
Partecipano: Silvia Cutrera, Elena Ghidoni, Alessandra Straniero, Ciro Tarantino
Coordinamento scientifico: Maria Giulia Bernardini