Democrazia e Sicurezza – 2016, n. 1

Immigrati e altre persone vulnerabili: crisi umanitaria e necessaria ottimizzazione degli strumenti che garantiscono i diritti sociali

DOI: 10.13134/2239-804x/1-2016/1

Austeridad y derecho constitucional: el ejemplo portugués

This paper analyses the relationship between austerity measures and constitutional law, focusing especially on the Portuguese example. The economic crisis and the adoption of the Memoranda of Understanding signed with EU institutions and the IMF in exchange for loans, has led to implement laws that were at the foundation of significant economic and social changes, in areas that include health, education, social security and protection of workers. Fundamental rights in these areas are part of the core of the social state under the Portuguese Constitution, which grants them a special and detailed protection.
The work focuses on the mechanisms of protection of fundamental rights, especially on the role of the Ombudsman and the Constitutional Court. The latter has been the main ‘constitutional obstacle’ to the full implementation of austerity measures; however, and despite the accusation of political engagement or judicial activism, the constitutional jurisprudence during the crisis period was actually quite balanced, and based on fundamental principles rather than on social rights norms.

DOI: 10.13134/2239-804x/1-2016/2

Legal Treatment of Unaccompanied Immigrant Children against Spanish and International Legal and Political Parameters

Since the 1990s, Spain has had to face an immigration phenomenon until then unknown. This is the immigration of unaccompanied foreign minors. This newest category of immigrants has specific characteristics compared to displacement of adults. Mainly, they are children who arrive to Spain without the company of their parents or legal guardian. After recognizing this situation, it is interesting to verify the national and international legal treatment granted, considering also the medical tests performed to verify age, resulting in one of the main problems affecting all their legal treatment.

DOI: 10.13134/2239-804x/1-2016/3

Sicurezza e insicurezza. Crimine, terrorismo e panico morale in una prospettiva sociologica

A recurrent debate in social sciences concerns the distinction between unsafety as an ʺobjectiveʺ status and unsafety as a ʺsubjective ʺ one. The latter is in turn generated by both inside (psychological) and outside (social and economic) drivers, politics and the media system being the leading actors. In order to clarify the paradoxes of unsafety (fear of negative events is not correlated to the extent of their effects nor to the probability of their occurence rather to the intentionality of the authors) we distinguish among dangers (a non intentional damage as a natural disaster), risks (an unexpected negative outcome of a positively oriented intention) and threats (an intentional damage caused by an enemy). The distinction is not an academic one as fas as it involves different approaches to security policies.

DOI: 10.13134/2239-804x/1-2016/4

La Corte suprema del Regno Unito su revoca della cittadinanza e sicurezza nazionale: il caso Pham

The comment regards the issues of statelessness and citizenship revocation as discussed by the British judges. In the case of Pham, the Supreme Court unanimously dismissed a suspected terrorist’s appeal which held that Pham was a Vietnamese national at the time the Home Secretary deprived him of his British citizenship. The key issue for the court was whether the British Nationality Act 1981 prevented the Home Secretary from depriving Pham of British citizenship because making an order of that nature would cause him to become stateless. In the Supreme Court, Pham argued that the deprivation decision was disproportionate and unlawful under EU law. However, the court did not find it necessary to resolve the dispute about EU law. The judgment emphasizes the British Government’s powers to revoke the citizenship right to fight terrorism; however the Court defines a space of discussion about issues of EU law and its relation with domestic law by showing the increasing role of judges in the British form of government.

DOI: 10.13134/2239-804x/1-2016/5

Indagine sul contrasto allo sfruttamento lavorativo e di manodopera immigrata in Italia: dalla direttiva europea Sanzioni alla legge Rosarno

The essay provides a reflection on the socio‐juridical contrast and labor exploitation of migrant labor in Italy, focusing, in particular, on the agricultural sector. The analysis focuses on international trafficking for labor exploitation and analysis of actions aimed at slavery contrast from the doctrine and the Italian law, from the European Directive “Sanctions” and the Rosarno Law. The analysis aims to identify the limitations of these rules in the light of the main sociological analysis on this subject and of the evolution of the international, social and regulatory phenomenon.

DOI: 10.13134/2239-804X/1-2016/6

Gli Intelligence Studies in Italia. A proposito del volume Intelligence e scienze umane. Una disciplina accademica per il XXI secolo (a cura di Mario Caligiuri, Rubbettino, Soveria Mannelli, 2016, pp. 164)

DOI: 10.13134/2239-804X/1-2016/7

Riscoprire il sociale: nota critica su Immigrazione, società e crimine di Luigi Maria Solivetti

DOI: 10.13134/2239-804X/1-2016/8

R. E. Kostoris e F. Viganò (cur.), ll nuovo “pacchetto” antiterrorismo, Giappichelli, Torino, 2015, pp. XVIII-158

DOI: 10.13134/2239-804X/1-2016/9