Publications

Authors:

Protopapa, Venera

Title:

From Legal Mobilization to Effective Migrants’ Rights: The Italian Case

Year:

2020

Type of item:

Articolo in Rivista

Tipologia ANVUR:

Articolo su rivista

Language:

Inglese

Format:

A Stampa

Referee:

Sì

Name of journal:

EUROPEAN PUBLIC LAW

ISSN of journal:

1354-3725

N° Volume:

26

Number or Folder:

2

Page numbers:

477-503

Keyword:

Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.

Short description of contents:

The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation.

Product ID:

114870

Handle IRIS:

11562/1019283

Last Modified:

November 15, 2022

Bibliographic citation:

Protopapa, Venera, From Legal Mobilization to Effective Migrants’ Rights: The Italian Case «EUROPEAN PUBLIC LAW» , vol. 26 , n. 2 , 2020 , pp. 477-503

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