Papers by Paola Di Nunzio
UNIO, Nov 12, 2023
On the 2 nd of November 2022, the Italy-Libya Memorandum on migration was renewed for the followi... more On the 2 nd of November 2022, the Italy-Libya Memorandum on migration was renewed for the following three years, giving continuity to the close collaboration between the two countries to stem the flow of migrants, refugees and asylum seekers onto the Italian territory. Libya, in fact, is the main point of departure for migrants and refugees wishing to reach the Italian shores. This paper argues that, with the Memorandum, Italy adopts a 'pullbacks' strategy which essentially translates into the practice of collective expulsion and refoulment. Nevertheless, it is in the prohibition of such practices that lies the indispensable premises to guarantee the effectiveness of the protection of the right to asylum, as safeguarded by international, European and national legislation. In fact, the Memorandum externalises the border across the Mediterranean and empties the right to asylum of its meaning, since it is structured in such a way as to make it impossible for people to reach European territory. It also denies the reality of mixed migration flows, precluding, a priori, the possibility for some migrants to be recognised as beneficiaries of international protection, while relying on the actions of a country, Libya, which has not signed the 1951 Geneva Convention on the Status of Refugees, has no functioning national asylum system and cannot be considered a 'Place of Safety' due to proven human rights violations perpetrated in its migrant detention centres. This paper further argues that the Italy-Libya Memorandum is in line with the securitarian migration policies and the strategy of borders' externalisation by the European Union (EU), which entrenches itself in a fortress on whose borders violence is carried out. In this context, bilateral agreements such as the Memorandum risk creating legal black holes whose purpose seems to be to circumvent the responsibilities stipulated at different levels of legislation. The jurisprudence of the Italian legislative system and of the European Court of Human Rights (ECtHR) seems to be paving the way for a more conscious approach to migrants and might fill in the void created by the solidarity crisis of the European approach to immigration, but not without the support of a policy approach focused on restoring the Italian constitutional structure of the right to asylum.
UNIO – EU Law Journal
In 2015, the unprecedented arrival of refugees and irregular migrants in the European Union (EU) ... more In 2015, the unprecedented arrival of refugees and irregular migrants in the European Union (EU) put a strain on the Common European Asylum System (CEAS), thus exposing a number of deficiencies in EU external border, asylum and migration policy. The need to reform the system became urgent and the EU was presented with both a challenge and an opportunity to further advance towards a much-needed consensual and long-term solution for the harmonisation of the asylum system, standing on the basis of solidarity and responsibility-sharing. This paper argues that the new comprehensive approach to migration and asylum praised by the European Commission (EC) is still missing in the recent Pact on Migration and Asylum of 2020, which represents more a missed opportunity than the real reform that the CEAS needs. The chosen legislative path, the dualistic understanding concerning the approach to migrants, and the new solidarity mechanism envisioned in the Pact show how the lack of consensus among...
Economic Inequality, Human Rights and the Institutions of the Economy, Feb 27, 2019
The problem of rising inequalities within countries is at the centre of the economic and politica... more The problem of rising inequalities within countries is at the centre of the economic and political debate. In advanced economies the gap between the rich and the poor is at its highest level in decades. However, inequality is not inevitable but is the consequence of years of policies and laws which have benefited a few. The purpose of this work is to contribute to a better understanding of the institutional basis of economic inequality. After covering the evolution of economic disparities in developed economies over the last century, the paper explores the economic literature on inequality mostly based on the institutionalist point of view. In this way, it is possible to outline the main institutional areas that cause inequality nowadays. The definition of its determinants allows us to proceed with the analysis of some possible solutions to the issue of inequality. This research combines a human rights perspective with the institutional approach to economics as the most adequate framework to address economic disparities. We argue that it is crucial to remake the rules of the game with an eye on human rights and on the improvement of the quality of institutions. Therefore, we try to understand the role of the institutions of the economy in the reduction of inequality and present some concrete solutions to reinforce their quality, with the support of empirical evidence as well as previous studies, and show a general framework which goes through the implementation of an effective institutional reform. Such reform concerns the rule-of-law principle, the laws that favour the wealthy and the top earners and welfare and (re)distributive policies. Finally, some closing remarks and questions for future research conclude the paper.
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Papers by Paola Di Nunzio