The New EU Legal Regime on Labour Migration and its Effects on Italy: The Implementation of Directives 2009/50, 2011/98 and 2014/36. Towards a Human Rights‐Based Approach? WP CSDLE “Massimo D’Antona”.INT – 122/2015

Chiaromonte, William (2015) The New EU Legal Regime on Labour Migration and its Effects on Italy: The Implementation of Directives 2009/50, 2011/98 and 2014/36. Towards a Human Rights‐Based Approach? WP CSDLE “Massimo D’Antona”.INT – 122/2015. [Working Paper]

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Abstract

Historically, the Italian system has been – and still is – characterized by the lack of an effective and unified strategy, both medium and long term, regarding migration policies. In addition, the substantial failure of several consecutive legislative attempts to regulate migration for economic reasons, often of an emergency nature, should also be noted. Similarly – and perhaps especially – because of the complex and cumbersome nature of the procedure provided by current legislation (Legislative Decree no. 286/1998, the so-called ‘Consolidated Law on Immigration’, which has been changed many times over the last few years), entry and residence for the purposes of work in the Italian territory of third-country citizens are particularly complex. While migrant workers have become a structural feature of the Italian labour market, immigration law assumes that migrant workers would only be employed in limited circumstances. One could, paradoxically, say that immigration law acts as a strong disincentive to regular migration and working. The outcome of such a situation is represented in practice by the constant circumvention of the rules governing entry and residence and, therefore, by the continuous illegal entry to the territory. The large number of irregular foreign workers present in the Italian black economy is, at least in part, the result of the evident inadequacy of the system set up, since the 1980s, to regulate migration.

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