Leader: Valeria Di Comite (UNIBA); Other collaborator(s):
Migration policies aimed at recruiting qualified foreign workers require their integration in the society. Then, it is crucial recognize to them and their family the access to services, also in the field of health. However, there is not a unique legal status of migrants. Their legal status, and consequently the right to accede to service, depends on the reason of the residence and on the nationality of migrants (e.g. EU citizens enjoy of a special status). We will analyse these different legal status with the purpose to establish in which extent Italian legislation recognizes to migrants and their family the right to accede to services, bearing in mind that it must comply with EU Law and with the ECHR and the European Social Charter.
Brief description of the activities and of the intermediate results
The team conducted an in-depth examination of rights related to access to essential services, with a particular focus on healthcare, which Italian legislation should unequivocally guarantee to migrants and their families, regardless of their legal status. Indeed, refugees and asylum seekers may have access to health services under specific provisions, whereas undocumented migrants may face more significant obstacles. In the analysis, we’ve placed significant emphasis on the pertinent EU legislation regarding the integration of migrants, considering it as a benchmark guiding Italian policies. And, therefore, legal experts have studied which measures can be proposed to policy makers to guarantee and legalise access to healthcare services for the foreign population present on the territory both legally and irregularly. Another research line of the group aims at exploring the scientific production on health access inequalities applying bibliometric techniques to analyze scientific productivity, extract its central themes and explore changes over time. This exploratory approach allows to identify the key subjects discussed across academic communities and to present findings as potential policy recommendations, which remains particularly important given that inequalities in health care access have significant social and economic costs both to individuals and societies.
Main policy, industrial and scientific implications
Mandatory equal treatment is clearly established for all EU citizens residing in Italy, while different rules apply to immigrants from non-EU states depending on the reason for their stay. The aim of integrating legal immigrants into the social context of the receiving state is highlighted in the European Commission's Action Plan for Integration and Inclusion 2021-2027, which laid the foundation for European policies in this area. The plan indicates the actions that the European Union and Member States (including Italy) are expected to provide to remove barriers that prevent immigrants from integrating. To this end, immigrants and EU citizens with a migration background must be informed about their rights and have equal access to health services. In this regard, current Italian legislation, in accordance with Article 32 of the Constitution, guarantees this right. Italian legislation should simplify administrative processes to facilitate migrants' access to health services. This includes simplifying registration procedures, ensuring that documentation requirements are reasonable and non-discriminatory, and ensuring that bureaucratic obstacles that may deter migrants from seeking care are minimised.
Content: In May 2024, the European Parliament together with the Council of the European Union approved the Commission's proposal for the new Migration Pact. This is a major achievement after years of the legislative process in this matter. These measures can have a significant impact on the work related to the integration of migrants. For this reason, it was necessary to undertake a new study of the extensive legislation that has just been approved, which includes 9 regulations and 1 directive. In addition, the in-depth analysis of the following topics continues:
Data Collection: Regulations and directives approved by the European Parliament and Council in May under the new European Union Pact. Search for new case law on equal treatment of migrants and their families with specific focus on the relationship between European and Italian law
Data Analysis: analysis of the new 9 Regulations and Directive approved in the EU Pact on Migration
Dissemination activities: Dissemination efforts have already begun and are ongoing. In particular some results of the task have been presented during the workshop of 14 of May
Scientific Publications: Writing of abstracts, working papers, and scientific articles are ongoing.
Content: Analysis and in-depth analysis of the following topics continues:
Data Collection: New comments published for the analysis of regulations and directives approved under the new Migration Pact. Search for new case law on equal treatment of migrants and their families with specific focus on the relationship between European and Italian Law and policies.
Data Analysis: Analysis of the new Regulations and Directive approved in the EU Pact on Migration in the light of the comments collected. Analysis of the case law of the EU Court of Justice on access to social benefits and the discrimination that may result from the application of the residence requirement.
Dissemination activities: Dissemination efforts have already begun and are ongoing.
Scientific Publications: Writing of abstracts, working papers, and scientific articles are ongoing.
Content: Analysis and in-depth analysis of the following topics continues:
- Migrants' right to integration in the Italian State and right of access for study, work and humanitarian reasons in the light of European law.
-New European Union Pact on migration containing rules that are binding on Italy.
- Migrants Right of access to social and welfare benefits.
- Right to equal treatment for migrants and their family members in the light of the most recent reforms of EU Law.
Data Collection: New comments published for the analysis of regulations and directives approved under the new Migration Pact. Search for new case law on equal treatment of migrants and their families with specific focus on the relationship between European and Italian Law and policies.
Data Analysis: Analysis of the new Regulations and Directive approved in the EU Pact on Migration in the light of the comments collected. Analysis of relevant case law of the EU Court of Justice in the quarter october-december 2024, especially of the case C-664/23.
Dissemination activities: Dissemination efforts have already begun and are ongoing. Activities for organizing a conference during the Spring of 2025.
Scientific Publications: Publication of a paper in the Journal: Freedom, Security & Justice: European Legal Studies (see OUTPUTS). Writing of others working papers and scientific articles are ongoing.
Content: We continue the in-depth analysis of topics concerning European legislation dealing with the right of migrants and especially of Migration and Asylum Pact. Analysis of the new jusirsprudence of the Italian Consitutional Court and of EU Court of Justice on migration and integration of migrants.
Data Collection: new and additional commentary on legislation and more recent case law decisions on the treatment of migrants with specific attention to the relationship between European and domestic law.
Data Analysis: analysis of the newly collected comments and of the most relevant case law from the January-March 2025 quarter. In particular analysis of two Constitutional Court's rulings: a) No. 1 of January 3, 2025 (on the ten-year residency requirement imposed by the Trent Law on long-term residents to access public housing and ruling) b) No. 31 of February 12, 2025 on the ten-year residency requirement to access citizenship income. Analysis of the judgments of the Court of Justice of the European Union of Feb. 4, 2025, C-158/23, Keren, concerning Dutch legislation on the examination to demonstrate integration of migrants and Feb. 27, 2025, C-753/23 Krasiliva, concerning temporary protection.
Dissemination activities: Dissemination efforts have already begun and are ongoing. Of particular note is the activity to organize the international conference entitled “What Inclusion for Migrants? Multilevel legal perspectives” from April 22-24, 2025 in which officials from the Legal Service and DG Home of the European Commission, legal secretaries from the Court of Justice, university professors from Italy, Poland, and Spain will participate. More than 25 experts will explore relevant issues on integration of migrants: in particular, the papers will deal with the issue of reception and integration of different categories of economic migrants and those seeking asylum or other form of protection, the right of inclusion of family members, the treatment of unaccompanied minors; access to social and welfare benefits, and the principle of non-discrimination in the case law.
Scientific Publications: Writing of others working papers and scientific articles are ongoing