Migration Law Database
This page seeks to collect and consolidate information on European and national law on migration and asylum, with the aim of providing civil society stakeholders with a complete, accessible and updated database of the main relevant legal instruments, focusing on regular migration, asylum and integration.
The website addresses not only legal scholars and legal experts, but, above all, all the actors who are not familiar with the complex legal framework on migration, in order to accompany them along their research. For this reason, practical instruments as guides and toolkits will also be included.
The following sources of information will be listed: European Union primary and secondary law (Section 1), national law (Section 2) and practical guides on access to migrants’ rights in Italy, available in Italian/English (Section 3).
Finally, a “Manual Guide on Migration Law” is included: the Guide provides the lecturer with a glossary on migration law and an initial orientation through the relevant websites collecting legal analysis and case law on migration and asylum.
Section 1: European Union Law
The Treaty on the Functioning of the European Union addresses the EU policy on migration, asylum and borders, within Title V on the Area on Freedom, Security and Justice, and particularly at Articles 76 to 80. In addition, the Charter on fundamental rights of the EU contains several Articles which are relevant for the protection of the rights of migrants and asylum seekers.
Under the EU secondary law, four different area of legislation can be identified: Legal Migration and Integration; Irregular migration and Return; Common European Asylum System; Schengen, Borders and Visas.
The most relevant instruments under the first area are:
- The EU Blue Card Directive;
- The Seasonal Workers Directive;
- The Single Permit Work Directive;
- The Intra-corporate transfers Directive;
- The Study and Research Directive;
- The Family Reunification Directive;
- The Long-term residents Directive.
Under the Common European Asylum System, there are five legislative instruments:
- The Qualification Directive;
- The Procedure Directive;
- The Reception Directive;
- The Dublin Regulation;
- The Eurodac Regulation.
Section 2: Italian Law
The main Italian legislative instrument on migration is the Legislative Decree n. 286/1998, providing for a “Consolidation Act on Immigration and the condition of the foreigners”, which contains provisions on legal migration and integration as well as on irregular migration (including visas and permits to stay for work or studies purposes, family reunification and family permits to stay, long term residents’ status, returns and detention of irregular migrants, measures to fight irregular migration).
The legal framework on asylum and international protection is composed of the Legislative Decree n. 251/2007, adopting the Directive 2004/83/CE on minimum standards for third country nationals or stateless persons as refugees or as persons in need of international protection; the Legislative Decree n. 25/2008, adopting the Directive 2005/75/CE, on minimum standards on procedures for granting international protection statuses; the Legislative Decree n. 142/2015, that amended the previous laws on asylum following the EU Directive on asylum procedures and on reception of asylum seekers (Directive 2013/32/UE; Directive 2013/33/UE).
The latter instruments have been amended several times over the years: among the most recent and relevant instruments that modified several provisions of the framework on regular migration, irregular migration and asylum we find:
- Decree Law 13/2017, converted into L. 47/2017;
- Decree Law 113/2018, converted into L. 132/2018;
- Decree Law 130/2020, converted into L. 173/2020.
The consolidate version of the legal instruments can be found at:
- Legislative Decree n. 286/1998;
- Legislative Decree n. 251/2007;
- Legislative Decree n. 25/2008;
Section 3: Guides and practical instruments
- UNHCR, ASGI, Sunia, The Refugee House – Guide to Housing Autonomy
- ASGI, Accesso alle Prestazioni Sociali per Stranieri
- European Asylum Office: https://www.easo.europa.eu/
- European Migration Law: http://www.europeanmigrationlaw.eu/en
- Asylim in Europe: http://www.asylumineurope.org/
- Odysseus Network: http://odysseus-network.eu/
- Migration Policy Center Blog: https://blogs.eui.eu/migrationpolicycentre/
- EU Law Analysis: http://eulawanalysis.blogspot.com/
- European Asylum and Human Rights Case Law- Highlights from Strasbourg: https://nsitaropoulos.wordpress.com/
- The Migrationist: https://themigrationist.net/about/
- MeltingPot: https://www.meltingpot.org/