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1 – 10 of over 1000
Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3602

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 2 May 2017

Alessandra Pera

The aim of the present study is to explore institutional design strategies that promote compliance by regulating peculiar sorts of agents, namely, human trafficking victims…

Abstract

Purpose

The aim of the present study is to explore institutional design strategies that promote compliance by regulating peculiar sorts of agents, namely, human trafficking victims, starting from the point of view that institutions assume addressee virtue, but instead should consider the hypothesis of non-compliance or that the measures adopted reveal their inefficiency to satisfy the goals they were thought for, or that they are applied to obtain scopes, which are different from the ones they were conceived for.

Design/methodology/approach

Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national court decisions, scholarly writings, national and international entities’ official reports and statistics.

Findings

Because EU member states’ experts are discussing about common guidelines, policies and standards to manage migration fluxes and EU integration process, this study highlights some critical points arising from the specific condition of a peculiar human trafficking victim: a migrant.

Originality/value

The study offers insights into the possible answers in terms of awarding prize to and humanitarian protection of victims to fight human trafficking and smuggling in a constructive way, emphasising that these instruments (awarding and humanitarian) are not mutually exclusive and can be mixed together.

Details

Journal of Financial Crime, vol. 24 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 5 January 2015

Letizia Palumbo

– The purpose of the article is to analyse the Italian anti-trafficking system by examining its effectiveness in the protection of trafficked people.

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Abstract

Purpose

The purpose of the article is to analyse the Italian anti-trafficking system by examining its effectiveness in the protection of trafficked people.

Design/methodology/approach

The article examines the protection of trafficked people in Italy, focusing in particular on the implementation of Article 18 of the “Consolidated Act of Measures Governing Immigration and Norms on the Condition of Foreign Citizens” (Legislative Decree n. 286/1998), which provides victims with protection and a residence permit independent of their cooperation with the competent authorities in criminal proceedings against offenders.

Findings

The article demonstrates that, though the Italian legal framework on trafficking is considered one of the most innovative and advanced, especially in the area of victim protection, a number of inadequacies in its implementation undermine the effectiveness of the measures aimed at protecting trafficked people. These concern the absence of a clear and appropriate victim identification procedure; the lack of adequate training in trafficking among professionals; the incomplete application of a procedure called the “social path” for the issuing of the residence permit; the narrow interpretation by competent authorities of the requirements for the residence permit granted to victims; the long lapse of time for the issuing of the residence permit; difficulties in the conversion of the residency permit granted to victims into a work permit; and the scarcity of economic resources.

Originality/value

The article contributes to scientific and political debates on the effectiveness of anti-trafficking policies.

Details

Journal of Money Laundering Control, vol. 18 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 26 November 2020

Lubov Halkiv and Lyubov Prokopyshyn-Rashkevych

Ukraine's immigration policy is in a state of formation, and its legal framework is being constantly improved. The level of immigration in Ukraine remains low. Foreigners often…

Abstract

Ukraine's immigration policy is in a state of formation, and its legal framework is being constantly improved. The level of immigration in Ukraine remains low. Foreigners often view Ukraine not as a desirable place of residence, but as a transit territory, a convenient corridor or a jumping-off place for realization on the path to a dream destination – living in Europe. The evaluation of the features of immigrants' integration in Ukraine is conducted.

The authors investigate the peculiarities of the immigration process in Ukraine and identify common problems associated with the integration of migrants into Ukrainian society. The lack of statistical data causes some obstacles to immigrant integration research in Ukraine.

The aim of this chapter is to present the integration policy and practices provided at a national macro level. The most significant challenges of migrants' integration into the Ukrainian society require solving via social, cultural, economic and legal structures. Moreover, Ukraine's immigration policy should be improved and integrated into EU standards.

Details

Integration of Migrants into the Labour Market in Europe
Type: Book
ISBN: 978-1-83909-904-5

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1374

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9542

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Open Access
Article
Publication date: 3 April 2023

Olga Gheorghiev

This study examines Covid-19-related policies as a showcase for priorities in migration governance, the role of the state and employers’ associations, as well as gaps in social

Abstract

Purpose

This study examines Covid-19-related policies as a showcase for priorities in migration governance, the role of the state and employers’ associations, as well as gaps in social security and social protection.

Design/methodology/approach

This paper looks at how immigration interacts with the labour market in the Czech Republic through the prism of the varieties of capitalism framework and its relation to the concepts of labour market segmentation and flexibility.

Findings

The findings show that pandemic-related measures focused on continuously adjusting a legislative framework granting access to third-country workers. However, protective measures that would guarantee migrant workers and their families access to social rights, such as healthcare, were lacking. In this context, several lines of segmentation are observed: between migrant workers in standard employment and those in non-standard employment, when looking at their access to healthcare; between migrants hired directly by employers and those working through temporary agencies in terms of their wages, stability and protection; and, at a sectoral level, between the skilled workforce and migrants that are pushed to low-qualified poorly paid, and routinised jobs.

Originality/value

This paper expands the existing literature on the preferences and influence of governments, employers and trade unions regarding the demand for foreign labour in varieties of capitalism by adding the perspective of a Central European economic model. At the same time, its findings contribute to the understanding that labour market inequalities are not fostered on the supply side of migrant labour, through exogenous societal or cultural characteristics specific to countries of origin, but rather through institutionalised measures, practices and policies in countries of destination.

Details

International Journal of Sociology and Social Policy, vol. 43 no. 3/4
Type: Research Article
ISSN: 0144-333X

Keywords

Article
Publication date: 14 June 2011

Bob Deacon, Philippe De Lombaerde, Maria Cristina Macovei and Sonja Schröder

This paper aims to review the case for improved (supra‐national) regional social and labour policies in principle, assess the extent to which existing regional associations of…

4302

Abstract

Purpose

This paper aims to review the case for improved (supra‐national) regional social and labour policies in principle, assess the extent to which existing regional associations of governments and regional organizations are actually developing effective regional labour policies in different sub‐regions of Europe, Latin America, Africa and Asia, and finally explore the driving forces behind their development and suggest how they might be further enhanced.

Design/methodology/approach

The paper compares the emergence of regional policies concerning labour rights and migrant workers' rights across regions. A sample of more than 15 regional arrangements are then ranked on the basis of their commitment in these areas. Finally, correlations between these rankings and different indicators of (real) regional interdependence are looked at.

Findings

The paper shows that regional socio‐economic policies are gaining importance in different world regions, although speeds are varied and generally low. It is difficult, however, to find strong correlations with indicators of regional interdependence such as trade or migration.

Originality/value

The paper presents one of the first systematic accounts of the development of regional socio‐economic policies in different world regions. It shows at the same time that huge opportunities for new policy initiatives exist in this area.

Details

International Journal of Manpower, vol. 32 no. 3
Type: Research Article
ISSN: 0143-7720

Keywords

Open Access
Article
Publication date: 18 April 2018

Kati Turtiainen

Nation states’ neoliberal policies do not regard asylum seekers and undocumented migrants as deserving of a good life. Social work in welfare states is highly connected to the…

3281

Abstract

Purpose

Nation states’ neoliberal policies do not regard asylum seekers and undocumented migrants as deserving of a good life. Social work in welfare states is highly connected to the policies of nation states. There is a need to address theories in social work that have a transnational focus at the local level. Axel Honneth’s recognition theory enables an approach to forced migration from the direction of personal relations and personhood itself. The core idea is that if people cannot gain recognition, this causes harm to their self-realisation. The purpose of this paper is discuss how the recognition theory overcomes a national focus in social work.

Design/methodology/approach

This paper is theoretical. The relations of recognition are discussed in the context of transnational social work in welfare states with forced migrants.

Findings

The theory of recognition in social work practice with people who do not have a residence permit is best articulated by an understanding of rights concerning all the attributes of the person, i.e. as a needy being, autonomous and particular in a community.

Originality/value

Forced migrants’ backgrounds provide a specific backdrop for misrecognition, which may harm self-relations. The relations of recognition contribute to social work by providing the sensitivity required to evaluate the complexity of views and attitudes that affect the way we encounter service users. The relations of recognition (care, respect and esteem) give normative criteria for communication in order to take another person as a person, which, in turn, contributes to healthy self-relations of forced migrants.

Details

International Journal of Migration, Health and Social Care, vol. 14 no. 2
Type: Research Article
ISSN: 1747-9894

Keywords

Article
Publication date: 12 March 2018

Cheluchi Onyemelukwe

The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state…

Abstract

Purpose

The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state and federal levels in Nigeria. The purpose of this study is to evaluate the emerging legislation on domestic violence. This paper thus examines the contents of these laws in a bid to determine the potential of these laws to prevent domestic violence, deter perpetrators from further incidents, punish perpetrators, compensate survivors and provide them with the necessary interventions for their rehabilitation.

Design/methodology/approach

The approach adopted is a content analysis of the provisions of the legislation, using salient parameters that have been drawn from documented best practices, specifically the key components for framing of domestic violence legislation around the world.

Findings

The author finds that while there is significant attempt in extant legislation to ensure that women are protected within domestic relationships, there are still gaps. Further, the protections are uneven across the states. In addition, there are systemic and contextual challenges that hamper the effectiveness of existing legislation in Nigeria in providing the necessary protections to women.

Originality/value

This study analyses the provisions of some of the legislation currently in place to protect persons from domestic violence. The impact, potential effect and overall utility of these pieces of legislation continue to require examination.

Details

International Journal of Law and Management, vol. 60 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

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