10th Edition of International Summer School

1. EXILED LIVES- SummerSchoolNorms and funds in Europe between walls and bridges:protection system of refugees, asylum-seekers andmigrantsLina Di Carlo 10th Edition of International Summer School Migrants, Human rights and Democracy20-24 June 2016 University of Palermo

2. Normative Geneva Convention and status of refugee • Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967;Refugee is a national of a third country national who, for the well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of his nationality and is not or, owing to such fear, unwilling to avail himself of the protection of that country, or a stateless person who is outside the country in which his former habitual residence for the same reasons as mentioned above is unable or, owing to such fear, is unwilling return.

3. Regulations Geneva Convention and status of refugee • Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967;Refugee is a national of a third country national who, for the well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of his nationality and is not or, owing to such fear, unwilling to avail himself of the protection of that country, or a stateless person who is outside the country in which his former habitual residence for the same reasons as mentioned above is unable or, owing to such fear, is unwilling return.

4. Community law”

5. Dublin regulation and the status of asylum seeker • Regulation n. 604/2014 (Dublin Regulation III) entered into force on 1 January 2014 -. The main objective of the Regulation is to identify as quickly as possible and on the basis of objective criteria the State responsible for examining the asylum application, and to set reasonable time for the performance of this procedure. Among the necessary criteria (Chapter III) to identify the State responsible to examine applications include: the principle of family unity for unaccompanied minors: the State has jurisdiction in which is located a family member, provided this is in the best interests of minorei family ties: it is the competent State where the person normally, or has been recognized as a refugee family member of the applicant asiloil having residence permits or visas is competent the state that issued such titoliil living or illegal entry: the State is responsible through whose borders the asylum seeker has illegally crossed the borders of the European Union

6. The Regulation defines in general terms that when no Member State may be designated as responsible for examining an asylum application on the basis of the mentioned criteria, we consider the first Member State in which the application was filed. The concrete application of the Dublin Regulation proved to be quite difficult and controversial. Problems arise in particular due to the considerable differentiation of methods and results between different EU Member States in the field of reception of asylum seekers and refugees. The Dublin system also effectively penalizes the United States border, being now evident that the entry of asylum seekers without documents is prevalent practice, so always apply more frequently the general criteria for which it is competent to examine the application the first entrance country.For art. 10, paragraph 3 of the Italian Constitution:"A foreigner who is denied in his own country the real exercise of the democratic liberties guaranteed by the Italian Constitution has the right to asylum in the Republic, under the conditions established by law."The norm, broader content than the concept of refugee, has not been translated into a comprehensive law on asylum. the provisions have been issued on the matter instead of refugee status.

7. DIRECTIVE 2013/32 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL? Of 26 June 2013 on common procedures for granting and withdrawing international protection status - "DIRECTIVE PROCEDURES" 'Application for international protection' means a request for protection addressed to a Member State by a national of a third country national or a stateless person which can be understood to seek refugee status or subsidiary protection status, and who neither seek explicitly a different kind of protection outside the scope of this Directive, that can be applied for separately;«Subsidiary protection status» means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection;'Applicant' means any citizen of a third country or stateless person who has made an application for international protection on which has not yet adopted a final decision;”

8. Subsidiary protection - definition "CITY OF A THIRD OR STATELESS COUNTRY THAT DOESN'T POSSESS THE REQUISITE TO BE RECOGNIZED AS SHELTERED BUT IN WHOSE COMPARISONS SUBSIST FOUNDED MOTIVES TO BELIEVE THAT, IF HE/SHE RETURNED IN THE COUNTRY OF ORIGIN (OR IN THE COUNTRY OF DOMICILE IF STATELESS), IT WOULD TAKE A REAL RISK TO SUFFER A SERIOUS DAMAGE" (ART. 2, LETT. G), D. LGS. 251/2007)THE SUBSIDIARY PROTECTION IS A STATUS TO THE PEER OF THAT OF REFUGEE, THAT IS RECOGNIZED BY THE COMPETENT TERRITORIAL COMMITTEE FOLLOWING THE PRESENTATION OF QUESTION OF INTERNATIONAL PROTECTION. IF THE APPLICANT CANNOT SHOW A PERSONAL PERSECUTION TO THE SENSES OF THE CONVENTION IN GENEVA, THAT DEFINES WHO IS SHELTERED, BUT HE BELIEVES THAT I/YOU/HE/SHE RISK TO SUFFER A SERIOUS DAMAGE (DEATH SENTENCE, TORTURE, THREAT TO THE LIFE IN CASE OF WAR

9. Direttiva 2011/95/UE del Parlamento europeo e del Consiglio del 13 dicembre 2011 - Direttiva “qualifiche” THE DIRECTIVE QUALIFICATIONS ESTABLISHES NORMS ON THE ATTRIBUTION, TO CITY OF THIRD OR STATELESS COUNTRIES, OF THE QUALIFICATION OF BENEFICIARY OF INTERNATIONAL PROTECTION, ON A STATUS UNIFORM FOR THE REFUGEES OR FOR THE PEOPLE HAVING TITLE TO PROFIT SOME SUBSIDIARY PROTECTION, AS WELL AS ON THE CONTENT OF THE RECOGNIZED PROTECTION.

10. International protection • THE INSTITUTE OF THE INTERNATIONAL PROTECTION HAS BEEN INTRODUCED IN THE NORMATIVE EUROPEAN BY THE DIRECTIVE 2004/83/CE, RECEPITA IN ITALY WITH LEGISLATIVE DECREE 251 OF NOVEMBER 19 TH 2007 ("DECREE QUALIFICATIONS"), AND SUBSEQUENTLY MODIFIED IN 2011 BY THE DIRECTIVE 2011/95/UE, TRANSPOSED IN ITALY WITH THE LEGISLATIVE DECREE 18 OF FEBRUARY 21 2014. THE INTERNATIONAL PROTECTION INCLUDES THE STATUS OF REFUGEE AND THE SUBSIDIARY PROTECTION. YOU/HE/SHE CAN ASK QUESTION THE FOREIGNER THAT INTENDS TO ASK PROTECTION FROM THE ITALIAN STATE BECAUSE IT RUNS AWAY FROM PERSECUTIONS, TORTURES OR FROM THE WAR, EVEN IF YOU/HE/SHE HAS MADE ENTRY IN ITALY IN IRREGULAR WAY AND IT IS I DEPRIVE OF DOCUMENTS. THE APPLICANT MUST MOTIVATE IN THE QUESTION THE CIRCUMSTANCES OF PERSECUTION OR SERIOUS DAMAGE THAT HAVE MOTIVATED THE ESCAPE OF IT.

11. Directive 2013/32 / EU of 26 June 2013 on common procedures for granting and withdrawing international protection status -? "RECEPTION DIRECTIVE" • The four fundamental areas, now totally reformed, are: • - determination of the state responsible for examining the application, • - Minimum standards of reception for asylum seekers, • - Minimum standards for the award of the qualification and content of refugee status and subsidiary protection, • -Minimum rules concerning the procedure for the recognition of international protection status.Since the introduction of minimum standards the individual states are required to bring domestic legislation

12. DIRECTIVE 2004/58 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 • on the right of EU citizens and their family members to move and reside freely within the territory of Member States

13. DIRECTIVE 2001/55 / EC of July 20, 2001-? ? "DIRECTIVE DISPLACED" • minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of effort between Member States in receiving such persons esubiscono the consequences thereof

14. DIRECTIVE 2008/115 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on common standards and procedures in Member States for returning third-country nationals illegally staying? "DIRECTIVE RETURN" • common standards and procedures in Member States for returning citizens of third countries on illegally staying

15. Presentation DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record (PNR) for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime • This Directive provides for passenger name records:a) the transfer by air carriers of Passenger Name Records (PNR) of the extra-EU flights;b) the treatment of the data referred to in subparagraph a), including the collection, use and retention by the Member States and their exchange between Member States.2. The PNR data collected in accordance with this Directive may be processed only for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime, as provided for in Article 6, paragraph 2, letters a ), b) and c).

17. EU borders more secure and intelligent: the Commission proposes a? / O system Brussels, 6 April 2016 the European Commission - Press release? The European Commission has presented a revised proposal for a Regulation on the establishment of an entry / exit system (EES) to speed up, facilitate and strengthen border control procedures for nationals of third countries into the EU direct. • The input / output system proposed will enable the effective management of the short-stay authorized, and increased automation of border controls, allowing even easier to identify counterfeit documents and false identities. The system will apply to all third country nationals admitted for a short stay in the Schengen area (not exceeding 90 days within 180 days). • The system will record the names, the type of travel documents and biometric data, and the date and place of entry and exit. This will facilitate border crossing for travelers in good standing and will help identify those who remained in the EU after the expiry of the authorized period and identify people without documents in the Schengen area. The system will also record the rejections.

18. “HOTSPOT SYSTEM” • The "Hotspots” are a method of management of exceptional migratory flows to give support to Member States in the forefront in addressing the strong migratory pressure at the EU's external borders. The European Asylum Support Office (EASO), the EU agency for the management of borders (Frontex), the EU Police Cooperation Agency (Europol) and the Agency for judicial cooperation EU (Eurojust) will work on the ground with the member State authorities to help it meet its obligations under EU law and to conduct quickly the operations of identification, registration and fingerprinting of incoming migrants. "? the exact card that "the method based on Hotspots will also contribute to the implementation of temporary relocation mechanisms proposed by the European Commission on 27 May and 9 September: the Member States at the forefront, and transferred to other EU Member States where they will be treated their application for asylum. "? Italy and Greece are the primiIn operations in four ports - Pozzallo, Porto Empedocle and Trapani in Sicily and the island of Lampedusa - which have been identified as hotspots. In each of these hotspots are initial reception that can accommodate a total of about 1,500 people (Pozzallo - 300 places, Porto Empedocle - 300 seats, Trapani - Lampedusa and 400 seats - 500 seats) for the identification, recording and fingerprinting digitali.?Altre two structures at Augusta and Taranto by the end of 2015. • Proposal of floating Hotspot

19. THE ITALIAN PROPOSAL: MIGRATION COMPACT The philosophy of the Migration Compact is to focus on all third countries in the same way in which a month ago routes from Turkey were closed. Money in exchange for cooperation. Otherwise, all the measures proposed to date by the Union, such as automatic re-distribution of asylum seekers among the 28 or the border guard and coastal EU, will not solve the crisis. On the other hand from Libya arrive economic migrants, not asylum seekers, thus not relocatable in other European countries and destined to remain with us. For this reason according to the government it must dab flows in countries of origin and transit in Africa. the countries of origin and transit must ensure effective controls of borders and reduction of flows to Europe (thanks to EU money and technology). Repatriations from the transit countries of those who have no right to asylum (because coming from a safe country) thanks to EU funding for reintegration programs for those who are sent home. Third countries should then be helped to build a system and infrastructure to accommodate migrants, among them those who will have the right to asylum can enter Europe with an allocation key between the 28. It calls for the new EU Border Guard fund return of transit to the country of origin. Italy proposes the establishment of the Common Eu migration Bonds, European bonds to cover the costs (very high) plan.

20. Walls:IdomeniCalaisC.A.R.A. Bridges Corridoi umanitari (Comunità di S. Egidio e Chiesa Valdese, Sprar) C.P.A. (o cps) Lampedusa C.P.A Lesbo

21. Patrol and rescue operations: Frontex, Mare Nostrum? Triton, Sophia The European Union has allocated a common budget of 11.82 million Eurosfor a period of 12 months. Moreover, military activities and personnel are provided by the states that contribute to the operation, with personnel costs and expenses determined in accordance with normal domestic spending

22. “Mare Nostrum” • "Mare Nostrum" has been military and humanitarian operation decided by the government led by Enrico Letta October 14, 2013 and officially started on October 18 of that year. The decision to start a new operation was taken to tackle the increase of the migratory phenomenon that occurred in the second half of the year, and following the shipwreck of the 2 and 3 October 2013, a boat carrying about 500 migrants sank due a fire near Rabbit Island, killing 366 people.

23. “TRITON” replaced the active missions in the Mediterranean is the other Frontex is the national "Mare Nostrum". A "Triton" involved 29 countries, and was funded by the European Union with 2.9 million Euros per month: about two-thirds less than those destined to Mare Nostrum. Unlike "Mare Nostrum", also, "Triton" provides for the control of international waters only up to 30 miles from the Italian coast: its main purpose is to control the border and not the rescue.

24. EUNAVFOR MED “OPERATION SOPHIA” European Union Naval Force Mediterranean The operation EUNAVFOR operation MED Sophia was activated according to the decision of the European Council, May 18, 2015, it reaffirmed the strong commitment to take action to prevent tragedies at sea resulting from trafficking in human beings in south-central Mediterranean. Italy, in the EU context, it is proposed as Country Leader of the operation being conducted at the strategic and operational level by the European Headquarters Italian (IT EU-OHQ) The 1st phase of the operation, launched last June 22, 2015, saw the task force led by Admiral Andrea Gueglio embarked as Force Commander (F Cdr) on the aircraft carrier Cavour, Flagship Transaction and composed also by the hydrographic ship ENTERPRISE English and the German units WERRA (auxiliary ship) and Schleswig-Holstein (frigate), reaching full operational capability on 27 July. Only a month later, the vessels and aircraft of EUNAVFOR MED - Sophia have reached all the goals of the first phase, collecting the information needed to fully understand the modus operandi of traffickers and smugglers of human beings to be ready, once started second stage, to counter their activities at sea.

26. Relocation A special meeting of European Ministers in Brussels. Against Romania, the Czech Republic, Slovakia and Hungary. Under observation Hungary constructing new barriers and does not respect international law. OECD report on migration perspectives: in 2015 in Europe up to one million refugees. More than half of asylum seekers has been replaced in the last two months: March 15, 2016 had been relocated 937 people (368 from Italy and 569 from Greece). But in Italy and Greece will remain 157,955 who, in theory, should be placed elsewhere by 2017. And so far the other European states have declared their willingness to embrace around 7820.

27. 2007-2014 funds • 1 EUROPEAN FUND FOR THE INTEGRATION OF THIRD COUNTRY NATIONALS: BORN WITH THE AIM TO SUPPORT THE MEMBER STATES OF THE EUROPEAN UNION THROUGH POLICIES THAT ALLOW TO JOINTS LEGALLY IN EUROPE COUNTRIES CITIZENS, TO MEET THE LIVING CONDITIONS AND INTEGRATE MORE EASILY IN THE COMPANY HOST.2 EUROPEAN FUND FOR REFUGEES: DIRECTED TO MEMBER GREETING ASYLUM SEEKERS, IS OF SUPPORT PROGRAMS AND ACTIONS RELATED TO THE INTEGRATION OF PERSONS LIVING NATURE IS DURABLE AND STABLE. THE FUND PROVIDES EVEN MEASURES TO TACKLE ARRIVALS IN CASE OF SUDDEN WARS AND CONFLICTS INTERNATIONAL.3 EUROPEAN RETURN FUND: ENSURE EFFECTIVE POLICY RETURN - IN COMPLIANCE WITH THE CHARTER OF FUNDAMENTAL RIGHTS AND ON THE PREFERENCE FOR THE VOLUNTARY RETURN - TO TACKLE ILLEGAL IMMIGRATION. • 4 EUROPEAN FUND FOR EXTERNAL BORDERS: THE GOAL OF THIS INSTRUMENT IS SECURE BORDER CONTROLS EXTERNAL UNIFORM AND HIGH QUALITY AN ENCOURAGING CROSS-BORDER TRAFFIC FLEXIBLE ALSO BY THE CO-FINANCING OR TARGET ACTIONS OR NATIONAL INITIATIVES FOR CO-OPERATION BETWEEN MEMBER STATES ABOUT THE VISA POLICY. EACH OF THE FOUR FUNDS IS SOLID IMPLEMENTS BY THE DEFINITION OF A MULTI-ANNUAL PROGRAM GUIDELINES WHICH ARE IMPLEMENTED WITHIN THE INDIVIDUAL ANNUAL PROGRAMMES..

28. ASYLUM, MIGRATION AND INTEGRATION FOUND INTERNAL SECURITY FOUND represent the two new axes of General Internal Affairs Department for the period 2014-2020.Both have an internal dimension and an external, that also support actions in third countries, provided that the interests of the Union policy. Both also need to respond quickly to emergencies, through procedures that allow you to grant loans within a few days.Through these instruments, the European Union not only seeks to strengthen the response to the challenges posed by immigration, but also to stimulate solidarity between European peoples themselves. In particular, the aim is that the EU countries called on to respond in person emergencies linked to migratory flows, to the economy, they are not left alone but adequately supported.

29. The FUND FOR THE INTERNAL SECURITY - FSI. • INTERNAL SECURITY FOUND - ISF • The purpose of the Fund of Homeland Security is to ensure security within European borders, freedom and justice. The measures that will be taken in this context are those of preventing and combating crime, cooperation and coordination between police forces and other national authorities of the Member States or Union bodies. Organized crime or itinerant, terrorism, corruption, drug trafficking, arms smuggling and trafficking of human beings are in fact still present a security threat to the Union. To cope as effectively as possible to this commitment involving not only all possible Community actors, but also third countries and international organizations concerned. The issue of security is now solved only on the condition of being thought of as a global challenge and not simply national.

30. ASYLUM, MIGRATION AND INTEGRATION FOUND The Immigration and Asylum Fund specifically deals with different aspects of the common European policies on immigration and asylum and is in continuity from the previous Fund Immigration, Asylum and Borders (2007 - 2013), of which, however, is a simplified reorganization. Through the reduction of activated programs and a large-scale planning is pursued in order to address more effectively the phenomenon of immigration. The latter is for European society not just a problem to solve, but also a challenge, an opportunity to be seized. In fact, it indicates one of the areas about which the European states have better understood the importance of effective cooperation and Community action. The practical cooperation, information sharing and synchronization of national responses are the foundations on which it is building a common approach to the management of migration.

31. BUDGET 2014 – 2020 The expected budget is € 3.764 billion at current prices.This figure is broken down, consistent with the breakdown presented above, including:- borders and visas, € 2.760 billion in turn divided into shared management (€ 1.551 billion), centralized management (€ 1.055 billion) and STS (€ 154 million);cooperation between police forces, preventing and combating crime, and crisis management, € 1.004 billion, divided into shared management (€ 662 million) and centralized management (€ 342 million).

32. DESCRIPTIONThe effective management of migration flows is divided into four points:- the European Common Asylum System, which is the insurance effective and uniform application of the acquis regarding asylum;- integration and legal migration, that is, the design and development of integration strategies at local and regional level;- voluntary return, namely the development of a voluntary return program and assisted to include the reintegration in the social fabric of origin; - solidarity and shared responsibility, that support the joint program of resettlement and humanitarian admission.

33. BUDGET 2014 – 2020 The expected budget is € 3.137 billion at current prices.This figure is broken down into:shared management (national programs) € 2.752 billion;centralized management (Community programs) € 385 million.

34. Il Fondo per l'accoglienza dei minori stranieri non accompagnati Italian Law n. 190/2015, art. 1, para. 181-182 establishing, with effect from 1 January 2015, the Fund for the reception of unaccompanied foreign minors in the state budget of the Ministry interior. In the new fund flow into the National Fund for the same resources to the reception of unaccompanied foreign minors established at the Ministry of Labour and Social Policy by decree law 95/2012 (converted by Law 135/2012), which is simultaneously suppressed . In addition, the new fund has increased by 12.5 million euro per year as from 2015 (art. 17, para. 14).

35. The Fund was established at the Ministry of Labour and Social Policy (Law 135/2012), with a budget of 5 million euro for the year 2012. The establishment of the new fund is part of a series of measures, are ever the same art. 23, paragraph 11, to ensure the continuation of the interventions related to the humanitarian emergency exceeded the national territory, including transactions for the Safety of Life at Sea, in relation to the exceptional influx of citizens from the countries of North Africa .The size of the fund was later increased to 20 million for the year 2013, article 1, paragraph 1, of the decree-law n. 120/2013 (Law no. 137/2013) and of 40 million euro for 2014 and 20 million euro for each of the years 2015 and 2016 by art. 1, co. 202 and 203 of Law 147/2013 (the 2014 Law). Through the Fund, the Minister of Work shall, by decree, after consultation with the Joint Conference, to cover the costs incurred by local authorities for the reception of unaccompanied foreign minors, in the above resource limits.

36. National Fund for asylum policies and services. • In addition, the same law (art. 1, para. 183) provides that foreign unaccompanied minors accessing concierge services financed by the National Fund for asylum policies and services (be unaffected by Article 26, paragraph 6, of legislative decree no. 25/2008, concerning the obligation of the authority that receives the application for international protection to immediately inform the central of the protection system for asylum seekers and refugees to the child's inclusion service in one of the operating structures in the security system itself. the standard is aimed at extending the network of SPRAR assistance also to unaccompanied foreign minors who have not requested the recognition of the right of asylum. in fact, currently only foreign children unaccompanied asylum seekers, pursuant to the mentioned art. 26 of Legislative Decree no. 25/2008, are immediately launched into the host of SPRAR network structures (Chamber of deputies, united Commissions I and II).