Papers by Sonia Morano-Foadi
Yearbook of European Union and Comparative Law, 2024
This article presents findings from an ongoing study examining Frontex's role in safeguarding hu... more This article presents findings from an ongoing study examining Frontex's role in safeguarding human rights for undocumented migrants affected by return policies, as well as for actual and potential victims of trafficking in human beings (THB) who face precarious situations at the intersection of undocumented migration and trafficking dynamics. The Lisbon Treaty established the Area of Freedom, Security, and Justice (AFSJ), which has since seen a significantly expanded role for AFSJ decentralised agencies. Despite Member States’ (MSs) reluctance to transfer further powers to EU institutions, these agencies have been tasked with supporting national authorities to close implementation gaps in EU border management and asylum policies. Frontex now conducts substantial operational activities, deploys support teams within MSs' territories, and plays an oversight role. The Court of Justice of the European Union’s (CJEU) non-delegation doctrine serves as a litmus test to legitimise Frontex’s expanded competencies, ensuring that the Agency’s extended powers align with constitutional safeguards. In critically examining Frontex’s adherence to and enforcement of fundamental rights, particularly in the identification and protection of THB’s victims, we suggest that a human rights-led approach to THB not only fulfils legal obligations but also enhances law enforcement outcomes. Effective identification of THB’s survivals is essential to ensure individuals receive necessary protections, facilitating their recovery, integration, and safe voluntary return to their home countries with reduced risk of re-victimisation. Through this analysis, we contribute to the ongoing debate on the Agency's legitimacy, operational accountability, and role within the broader EU constitutional framework.
Routledge eBooks, Jul 12, 2023
Edward Elgar eBooks, 2012
Contents: Foreword (ESF) Preamble Madeline Garlick, Stephen Davis and Adriano Silvestri Introduct... more Contents: Foreword (ESF) Preamble Madeline Garlick, Stephen Davis and Adriano Silvestri Introduction Sonia Morano-Foadi 1. The Evolution of the Concept of Union Citizenship after the Lisbon Treaty Elspeth Guild 2. The Equality Clauses in the EU Directives on Non-discrimination and Migration/Asylum Sonia Morano-Foadi and Karin de Vries 3. Integration Policy at the European Union Level Micaela Malena and Sonia Morano-Foadi 4. Inequality for Asylum-seekers and People Entitled to Protection in the European Union Madeline Garlick 5. The United Kingdom's Implementation of the EU Asylum Seekers' Reception Directive Katia Bianchini 6. Refugee Integration in Italy: Shortcomings and Future Scenarios Micaela Malena 7. Equal Before the Law? The Case of Asylum Procedures and Detention of Asylum Seekers in Greece Lilian Tsourdi 8. Third-Country Nationals, Integration and Access to Employment and Occupation under EU Law Moritz Jesse 9. Care, Labour and Migration Policies in Germany: Implications for the Rights of Migrant Domestic and Care Workers Maria Kontos 10. Immigration Policies in Finland - Economic Marginalisation and the Residence-based Welfare Regime's Support for Humanitarian Migrants Aino Saarinen 11. The EU Researcher Directive and its Implementation in German Immigration Law Kay Hailbronner 12. Long-term Residents' Integration in Spain at a Crossroads: Rights-based Approach or Downhill Towards Restrictiveness? Diego Acosta 13. Access to Employment and Occupation in Belgium, Germany and the UK Moritz Jesse 14. Inequalities of Family Members of EEA and non-EEA Nationals: 'Integration' and Barriers to Family Reunification in the Post-Lisbon Era Keith Puttick and Cordelia Carlitz 15. Language Skills as a Requirement for Family Reunification of Spouses in Germany - Respecting Respect for Family Life? Cordelia Carlitz 16. The Dutch Act on Integration Abroad: A Case of Racial or Ethnic Discrimination? Karin de Vries 17. The Adaptation of Spanish Law on Family Reunification to International and European Law Carmen Perez Gonzalez Conclusion Sonia Morano-Foadi and Micaela Malena
Social Science Research Network, 2010
This article, based on a broader project, focuses on the interaction between the two European Cou... more This article, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union-ECJ and the European Court of Human Rights-ECtHR) and uses the specific area of expulsion/deportation of third country nationals (non-EU nationals) from European territory as a case study. The work examines the ECJ's and ECtHR's divergent approaches in this area of law, and it then provides some preliminary reflections on the potential of the EU Charter of Fundamental Rights and the EU's accession to the European Convention of Human Rights (ECHR) to achieve a more harmonious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent.
Migration and society, Jun 1, 2023
Th is article examines the role that third sector organizations (TSOs) play in supporting refugee... more Th is article examines the role that third sector organizations (TSOs) play in supporting refugees' access to the labor market in England. TSO practices are conceptualized through the notion of "bottom-up" solidarity. Data gathered through interviews with refugees and representatives from charities, social enterprises, and public authorities are used to identify how TSO actors enact bottom-up solidarity and, in turn, facilitate integration of refugees into the labor market. Th e fi ndings show how labor market transition is built on the transformation of the wider circumstances faced by refugees. Data also demonstrates how the creation of direct employment opportunities, coupled with intermediation and trust brokerage, and alongside episodic and extended coaching, is key to enacting "bottom-up" solidarity.
This report has been produced for the International Academy of Comparative Law, Paris. It informs... more This report has been produced for the International Academy of Comparative Law, Paris. It informs academicians, researchers, and others about developments in the law of migration in the United Kingdom including entry and residence,and migrants' and migrant communities' social rights. It also informs a report to the Academy's proceedings at the forthcoming 19th International Congress of Comparative Law in Vienna (2014) as part of Theme 1A: Histoire du Droit et Ethnologie Juridique (Legal History and Ethnology) through the general report of the Rapporteur General,Prof Marie-Claire Foblets of the University of Leuven and Max-Planck-Institut fur Ethnologische Forschung, Halle, Germany. The report provides a critical evaluation of the development and current operation of the UK's migration law regime, history and influences, and commentary on current issues. It encompasses European and International Law aspects, and elements relating to access to social security, community care, and health provision.
Edward Elgar Publishing eBooks, 2012
Journal of International Migration and Integration
This paper examines inter-organisational behaviours in what we call ‘migrant support ecologies’ –... more This paper examines inter-organisational behaviours in what we call ‘migrant support ecologies’ – shared physical and abstract spaces where multiple organisations work to help migrants access and transition within the labour market. Drawing on composite data generated through studies conducted in the UK and Brazil, we argue that actors and organisations in such environments operate in ‘common goal domains’, in which objectives are related but not necessarily integrated or coordinated, and they consequently adopt diverse interactional practices. We distinguish between four ideal types of migrant support organisation based on their activity scope and stakeholder focus before outlining how different organisations and their constituent actors engage in tactical and strategic coupling practices, reflecting shorter and more episodic interactions alongside complex, multithreaded ones. The findings show how different forms of cooperative arrangements may be pursued based on organisations’ c...
European Law Journal, 2011
This paper, based on an overarching project,
Whilst the issue of fundamental rights protection is at the core of the EU regulatory agenda, its... more Whilst the issue of fundamental rights protection is at the core of the EU regulatory agenda, its development has been gradual. Ab initio, the European Community did not have a clear policy of human rights. Then, fundamental rights legislations and policies were gradually introduced within the EU legal system, first via the general principles of EU law and then, through the EU Charter of Fundamental Rights. Consequently, research in this area has expanded. The scholarship of EU governance has also seen a huge development. According to a 2006
Common Market Law Review, 2017
European Societies, Migration, and the Law
The State's legal obligation towards refugees comprises granting protection and conferring post-d... more The State's legal obligation towards refugees comprises granting protection and conferring post-determination rights. This chapter queries how the UK discharges its legal obligation to facilitate refugees' engagement with work and whether it contributes towards their 'othering'. It examines the Syrian Vulnerable Persons Resettlement Scheme (VPRS) as a case-study, assessing how 'resettled' refugees access support to labour market integration through various organisations and actors, comparing the support provided to them with the assistance available to 'recognised' refugees. The latter are those who have reached the UK by their own endeavours, applied for asylum and been granted refugee status. The study has demonstrated how diverse networks of organisations and state actors facilitate or inhibit refugees' access to the labour market, counterbalancing State actions on integration.
Protection of Fundamental Rights in Europe, 2020
This book argues that European integration requires adjustments as forces of continuity and chang... more This book argues that European integration requires adjustments as forces of continuity and change are negotiated by different actors at supranational, national and local levels. This process passes through distinctive stages, reflecting political, social and financial concerns and challenges proper to the climate of turmoil of the time. Obstacles to integration are posed by several factors undermining the cohesion of Europe, such as economic and financial austerity, management of migration and borders, populist movements, sentiments and narratives of community challenging senses of belonging in Europe. For example, the UK’s decision to leave the European Union (EU), the surge of extremist movements in many European countries, and the changing dynamics within the EU decision-making bodies might be read as signs of a slowdown in the integration process.
Protection of Fundamental Rights in Europe, 2020
and Andreadakis (2011), p. 596. 9 On 17th January 2012, the European Commission launched infringe... more and Andreadakis (2011), p. 596. 9 On 17th January 2012, the European Commission launched infringement procedures against Hungary in relation to the age-limit for compulsory retirement of judges, prosecutors and notaries, and the protection of individuals with respect to the processing of personal data and the free movement of the same data.
The 2015 Conservative election manifesto and debates about Brexit have brought the status of the ... more The 2015 Conservative election manifesto and debates about Brexit have brought the status of the European human rights institutions and the UK’s relationship with them to the front pages; but within the surrounding debates, confusion has abounded. This is understandable, not only because of the multitude of acronyms and institutions with the word ‘European’ in their title, but also because the relationship between these institutions and their relationships with their Member States is convoluted and continually evolving.
1 . Introduction-A Matter for Two Courts: The Fundamental Rights Question for the EU Sonia Morano... more 1 . Introduction-A Matter for Two Courts: The Fundamental Rights Question for the EU Sonia Morano-Foadi and Lucy Vickers PART I 2. The Place of the EU Charter within the Tradition of Fundamental and Human Rights Dr Niilo Jaaskinen 3. Closing the Gaps in the Protection of Fundamental Rights in Europe: Accession of the EU to the ECHR Kristi Raba 4. Problems and Challenges of the EU's Accession to the ECHR: Empirical Findings with a View to the Future Stelios Andreadakis 5. The EU Human Rights Regime Post Lisbon: Turning the CJEU into a Human Rights Court? Wolfgang Weiss PART II 6. European Judicial Dialogue and the Protection of Fundamental Rights in the New Digital Environment: An Attempt at Emancipation and Reconciliation: The Case of Freedom of Speech Oreste Pollicino 7. Migration and Human Rights: The European Approach Sonia Morano-Foadi 8. Who has the Right to have rights? The Judgments of the CJEU and the ECtHR as Building Blocks for a European 'ius commune' in Asylu...
Protection of Fundamental Rights in Europe, 2020
Every time there is the creation of a form of Union of States, a process of integration is put in... more Every time there is the creation of a form of Union of States, a process of integration is put in motion. A sequence of crises and achievements characterises such a development, which in the case of the EU can be defined as Europeanisation/European integration. This monograph rethinks the path towards European integration, which is intended as ‘the process of creating an ever closer union among the peoples of Europe’ (Article 1(2) Treaty of the European Union (TEU)). Challenges to this project have largely occurred due to tensions between the process of closer integration and the protection of nation-states’ sovereignty. Our major contribution is to offer a fresh look on integration, posing EU foundational legal values at its heart. These values are enshrined in Article 2 TEU, which states that ‘The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. We submit that, amongst the common values, fundamental/human rights constitute the drivers of European integration and should be at the core of all EU’s working and initiatives. Thus, to rethink the path towards Europeanisation, we propose to re-focus the attention on the ‘Integration Through Rights’ (ITRs) idea, which constitutes the backbone of this work.
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Papers by Sonia Morano-Foadi