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Articles 1 - 8 of 8
Full-Text Articles in Law
Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré
Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré
Mariagiulia Giuffré
With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …
Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré
Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Mariagiulia Giuffré
Against the backdrop of the bilateral cooperation on migration control between individual EU Member States and third countries, this paper examines whether the implementation of readmission agreements hampers access to protection for asylum-seekers subjected to a return procedure. It concludes that no issue of incompatibility with refugee and human rights law stems from the text of readmission agreements, administrative tools used to articulate the procedures for a smooth return of irregular migrants and rejected refugees to countries of origin or transit. Nonetheless, instances of informal practices of border control, especially in situations of emergency and mass influxes demonstrate how the …
On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré
On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré
State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré
Mariagiulia Giuffré
This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third …
Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Mariagiulia Giuffré
Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …
Key Issues Of The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights And Its Role In Challenging Systematic Poverty, Mariagiulia Giuffré
Key Issues Of The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights And Its Role In Challenging Systematic Poverty, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.