Dipartimento di Giurisprudenza

Descrizione del progetto

https://www.jeanmonnetcloser.unito.it/

The background in which the Project is set demonstrates its great relevance with respect to the current need for teaching, research and dissemination on the topics of migration and family property and succession regimes in the field of EU studies.

On 1 January 2022, 23.8 million citizens of non-member Countries were residing in an EU Member State (Migration and migrant population statistics, Eurostat. Statistics Explained, Data extracted in March 2023).

Social sciences have been increasingly engaged in analysing the numerous issues raised by the magnitude of the migratory phenomenon. Legal science has studied, in particular from the point of view of Public Law, the issues of migration management, in terms of regulating entries from Third Countries, following on a range of European and national regulations. To be successful, integration and inclusion must also be a two-way process, in which migrants and citizens with a migrant background are offered help to integrate and they in turn make an active effort to integrate. The integration process involves adaptation on the part of migrants, all of whom have rights and responsibilities in relation to their new Country of residence. On the level of Private law, the recent EU legislation dedicated to cross-border family property regimes (EU Reg. 1103 and 1104/2016), and successions (EU Reg. 650/2012) has led the doctrine towards an analysis of succession and family issues in a predominantly intra-European perspective, while a survey of non-European individuals and nuclear families, characterised, as such, by a higher degree of cultural pluralism, appears to be neglected. The aforementioned Regulations have adopted the principle of universality, which makes the legal system of each Member State permeable to the entry of regulations from Third Countries.

There are three main rationales of the project.

The first rationale of the Project is to extend, strengthen and develop academic teaching on the integration process of migrant families from European and non-European areas, resident in the EU (from now on also «foreigners») on a double level. The substantive level envisages providing teaching on migration law; regulation of family reunification; identification of applicable law to family property and succession regimes. The methodological level envisaged providing a multidisciplinary perspective; case-by-case approach and a teaching based on the principle of learning by doing.

The second rationale of the Project is to spread the knowledge of EU law in matter of immigration law, family reunification, family law and succession law, focusing on Eu fundamental principles and values, respecting for human rights, as well as fighting any sort of discrimination, supporting public policy, legal professionals and practitioners to provide migrants and host communities with legal tools useful for enhancing integration process.

The third rationale of the Project responds to the European Union's lack of knowledge, fostering dialogue between academic world and civil society and inviting citizens to engage in their communities and in the political and social life of the European Union through participation in formal and informal learning activities in order to understand the European context, its values and principles.

What has been said so far demonstrates that the Project deals with EU studies referring to teaching-learning and research. To be more specific, the Project is based on an effective teaching and research method, as well as the dissemination of knowledge, in such a way that EU policy-makers, practitioners, foreigners (directly and through associations representing them) and civil society as a whole can benefit from it.

Moreover, the Project addresses all the general objectives of the Jean Monnet Teaching and Research Actions and Jean Monnet Chairs.

First of all, the Project addresses European Union Studies, since it deals with the regulation of migratory phenomenon - in particular, family reunification (Council Directive 2003/86/EC; New Pact on Migration and Asylum, COM(2020) 609 final, 23-09-2020; the EU Action plan on Integration and Inclusion 2021-2027, COM(2020) 758 final, 24-11-2020) and the regulation of cross-border family property regimes  (EU Reg. 1103/2016 and 1104/2016) and international successions (EU REG. 650/2012).

Secondly, the Project fosters dialogue between the academic world and society, since planned activities have an impact on different levels. The society and civil society actors level: through information spread on the Project Website (in particular open access material), on social media, through podcasts and dedicated events, civil society has the opportunity to learn about EU policies and values related to the migration phenomenon. The local, regional, state and EU level policy-makers and civil servants level: through the Project, it is intended to provide information not only on the European Union's policies on the topic of migration, but also on the concrete solutions proposed and achieved through the research activity on legal issues related to family reunification and the identification of the law applicable to the family property and successions regimes of foreigners residing in Europe. This will be possible through the following tools: seminars and events, where legal professionals and practitioners could learn and debate; disseminated material (reports and guidelines); academic publications.

Thirdly, the Project generates knowledge and insights that can support EU policy-making and strengthen the role of the EU in a globalised world. The project generates knowledge as it is concerned with teaching and disseminating knowledge about immigration phenomenon and cross-border family property and succession regimes, not only through the planned courses and lectures series, but also through seminars and events. In parallel, the results of the research activities carried out by the Chair Holder and her Project team are disseminated through seminars and academic publications, which will contribute to the improvement of EU policies and legal tools for practitioners.

In fourth place, the Project includes active outreach and educational work that will spread knowledge about EU subjects to wider society (beyond academia and specialised audiences) and will bring the EU closer to the public, through information on Project Website, social media, Podcasts and yearly Informative Events.

Finally, dealing with migrants from Third Countries characterized by a significant legal and cultural gap compared to EU models, considering that due to the combination of personal characteristics, such as gender, racial or ethnic origin, religion or belief, sexual orientation that may represent specific challenges for migrants, the Project promotes EU values and enhances the visibility of what the European Union stands for (Gender Equality Strategy 2020-2025, the EU Anti-Racism Action Plan 2020-2025, the EU Roma Strategic Framework for Equality, Inclusion and Participation).

What has been said above implies that Project contributes to the priorities of the call generating and spreading awareness on founding principles and values of the European Union such ad respect for human dignity, freedom for human rights, including the rights of persons belonging to minorities, and non-discrimination principle.

The Project promotes Inclusion and diversity priority in reaching foreigners (directly or through associations representing them) and addressing barriers due to cultural differences or barriers linked to discrimination, in order to provide them with legal tools aimed at support.

Risultati e pubblicazioni

https://www.jeanmonnetcloser.unito.it/