Books
-
Morano-Foadi S, Andreadakis S, Protection of Fundamental Rights in Europe: the Challenge of Integration., Springer (2020)
ISBN: 9783030423667
-
Morano-Foadi S, Vickers L R, Ed., A matter for two courts: the fundamental rights question for the EU, Hart Publishing (2015)
ISBN: 9781849467070
Journal articles
-
Morano-Foadi S, 'Solidarity and responsibility: advancing humanitarian responses to EU migratory pressures'
European Journal of Migration and Law 19 (3) (2017) pp.223-254
ISSN: 1388-364X eISSN: 1571-8166
Abstract The principle of solidarity is embedded in the foundations of the European Union (EU) legal system and is integral to the very ethos that has made the Union possible. However, as Member States struggle with contemporary challenges such as high migration flows, terrorism and economic turmoil they have predominantly adopted individualist and protectionist strategies which undermine the character of the Union. Those strategies include, for instance, building walls and securitising internal borders.This contribution argues that solidarity is inextricably linked with responsibility. Solidarity gives rise to responsibility and is a desired consequence of responsibility. Thus, this work suggests that strengthening the binomial of solidarity/responsibility is the solution that will create effective practices in meeting the humanitarian needs of refugees and sharing burdens between Member States.The contribution analyses the EU’s commitment to solidarity/responsibility and calls for Member States to demonstrate their commitment. Three types of Member State solidarity/responsibility are identified: 1) towards refugees and migrants, 2) towards fellow countries and 3) towards the EU itself. The latter finds its legal foundation in the principle of ‘sincere cooperation’ as enshrined in Article 4 (3) TEU and constitutes a means of protecting collective interest and precluding unilateral Member State actions that might jeopardize the entire EU project.Website
-
Morano-Foadi S, Neller J, 'The Status of Human Rights Protection in Europe: It’s complicated'
Birkbeck Law Review 4 (1) (2016) pp.1-14
ISSN: 2052-1308 eISSN: 2052-1316
Abstract The UK has voted to leave the European Union and Prime Minister Theresa May has expressed her aversion to the European Convention on Human Rights, but confusion abounds as to what the current architecture of Europe is, let alone what it might look like in the future. This article seeks to provide a comprehensive overview of the development of supranational human rights protections in Europe and the status of the current quest for greater integration. In particular, the stalled movement towards the accession of the EU to the ECHR is examined and likened to a riddle: to avoid subjecting Member States to conflicting obligations, the ECHR must be granted ultimate authority in the field of human rights, but without compromising the autonomy of EU law. The article concludes with a conversation with Dr Sonia Morano-Foadi, whose extensive research into the European human rights institutions enables her to shed some light on the likelihood of the accession riddle ever being solved and to provide a prognosis for European rights protections in the future.Website
-
Morano-Foadi S, 'Human trafficking and the position of "vulnerability" for victims in Europe'
International Journal of Migration and Border Studies 2 (3) (2016) pp.289-307
ISSN: 1755-2419 eISSN: 1755-2427
Abstract In the light of the key findings of a recent EU project, this paperexamines the complex phenomenon of human trafficking in Europe. The analysis investigates the extent to which human trafficking legislation assists legal and judicial authorities in recognising and protecting victims. Following a review of the various confounding issues around victims’ identification, the
paper promptly targets the concept of ‘vulnerability’ as a decisive tool for effective intervention in human trafficking. Finally, this paper offers interesting insights into the role of Directive 2011/36/EU and its system of enforcement towards enhanced protection for victims of human trafficking.
Website
-
Morano-Foadi S, 'Un-nesting the “Matrioska” doll: problems and paradoxes at the intersection between citizenship, migration and human rights (2014)'
Revista de Derecho de la Unión Europea 27 (2014) pp.301-320
ISSN: 1695-1085
-
Morano-Foadi S, 'Fundamental Rights in Europe: constitutional dialogue between the Court of Justice of the EU and the European Court of Human Rights'
Sortuz : Onati Journal of Emergent Socio-Legal Studies 5 (2) (2013) pp.120-144
ISSN: 1988-0847
Abstract
This paper is based on a socio-legal research which evaluates the impact of the Treaty of Lisbon on the area of fundamental rights within the EU. The project’s central core is on the relationship between the Court of Justice of the EU (CJEU, as it might be termed the Luxembourg Court) and the European Court of Human Rights (ECtHR, as it might be termed the Strasbourg Court) in the pre and post EU’s accession to theEuropean Convention of Human Rights (ECHR). The work, as informed by empirical findings, questions whether the two Courts’ dialogue in the fundamental rights spherecould be analysed using the language of constitutional pluralism, doctrine elaborated by scholars to describe the multiple claims of authority between the CJEU and thenational courts. The after accession era offers interesting features to revisit the constitutional pluralism doctrine, challenging its appropriateness when granting final authority to the Strasbourg Court in the European human rights field.
Website
-
Morano-Foadi S, Andreadakis S, 'The convergence of the European legal system in the treatment of third country nationals in Europe: the ECJ and ECtHR jurisprudence'
European Journal of International Law 22 (4) (2011) pp.1071-1088
ISSN: 0938-5428
Abstract
This article, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union - ECJ and the European Court of Human Rights - ECtHR) and uses the specific area of expulsion/deportation of third country nation - als (non-EU nationals) from European territory as a case study. The work examines the ECJ's and ECtHR's divergent approaches in this area of law, and it then provides some pre - liminary reflections on the potential of the EU Charter of Fundamental Rights and the EU's accession to the European Convention of Human Rights (ECHR) to achieve a more harmo - nious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent
Website
-
Morano-Foadi S, Andreadakis S, 'Reflections on the architecture of the European Union after the Treaty of Lisbon: the European judicial approach to fundamental rights'
European Law Journal 17 (5) (2011) pp.595-610
ISSN: 1351-5993
Abstract
This paper, based on an overarching project, focuses on the role of the Court of Justice of the EU (CJEU) (also known as the Luxembourg Court) in shaping legal integration in Europe. The entry into force of the Lisbon Treaty, the new legally binding nature of the EU Charter of Fundamental Rights and the future EU's accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) bring significant changes to the fundamental rights discourse within the European Union. These developments allow the enhancement of human rights protection within the EU. Based on empirical data collected through interviews with the Court of Justice's judges and Advocates General and recent case-law, the paper offers original insights into the post-Lisbon era of regional integration and reflects on the impact of the Charter on the CJEU jurisprudence.
Website
-
Duina F, Morano-Foadi S, 'Introduction: the Institutionalisation of Regional Trade Agreements Worldwide: New Dynamics and Future Scenarios'
European Law Journal 17 (2011) pp.561-567
ISSN: 1351-5993
Website
-
Morano-Foadi S, 'EU citizenship and religious liberty in an enlarged Europe'
European Law Journal 16 (4) (2010) pp.417-438
ISSN: 1351-5993
Abstract This article intends to contribute to the theoretical debate on how EU citizenship could be regarded as a bundle of common European individual rights (and, to a lesser extent, obligations) and part of a democratic polity in which every citizen counts equally irrespectively of his/her religious belonging and faith. The EU perceives itself as a community based on shared values. Since there is no European people, nor a European polity, common values play a core role in European polity building. The question, however, is whether common values can be experienced by the EU citizens in daily life and to what extent there are common values in the EU Member States. These issues are explored using the non-discrimination principle on grounds of religion, as a litmus-test for the existence of common values within Europe.Website
-
Morano-Foadi S, 'Third country nationals versus EU citizens: discrimination based on nationality and the equality directives'
Applied Economics (1729141) (2010) pp.1-26
ISSN: 0003-6846
Abstract The creation of an area of freedom, security and justice and the communitarisation of the immigration and asylum policy of the EU are important steps toward integration and fair treatment of Third Country Nationals (TCNs). And yet, EU law presents a number of loopholes in relation to the treatment of non-EU nationals who are subject to discrimination based on nationality and race. These two grounds of discrimination are closely related, and difficult to distinguish and yet important to the development of such a space. The paper discusses the non-discrimination principles on the grounds of nationality and race, respectively based on Art. 18 TFEU (ex Art. 12 EC, as amended) and on Art. 19 TFEU (ex Art. 13 EC, as amended) and their scope of application. It analyses some of the discrepancies in the treatment of TCNs as opposed to EU citizens emerging from the Racial Equality Directive (2000/43/EC) and the Framework Equality Directive (2000/78/EC) (hereafter Equality Directives). The Art., then, considers the approach used by Court of Justice of the European Union (ECJ) in a relatively recent case Centrum Voor Gelijkheid on racial discrimination and espouses the thesis that the limitations contained in both Directives, together with the current interpretation of Art. 18 TFEU (ex Art. 12 EC, as amended), have created a stratification of entitlements and consequently a hierarchy of people legally resident within the EU. The conclusive section reflects on the potentialities offered by the Charter of Fundamental Rights of the EU and its recent effect, as pronounced in the Kücükdeveci case, in providing a more extensive protection to TCNs. Website
-
O'Brien D, Morano-Foadi S, 'The Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community'
Law and Practice of International Courts and Tribunals 8 (3) (2009) pp.399-429
ISSN: 1569-1853
Abstract
CARICOM, established under the Treaty of Chaguaramas, in 1973, has since its inception suffered from the repeated failure of member states to implement at the national level decisions taken by the Heads of Government at the regional level. The Caribbean Court of Justice (CCJ,) which has been vested with a compulsory and exclusive jurisdiction to interpret and apply the Revised Treaty of Chaguaramas, is intended to bridge this implementation gap. This has aroused expectations that the CCJ will play a role similar to that played by the ECJ in promoting legal integration. However, it is important to recognise that the ECJ has functioned within a particular jurisdictional framework and has benefited from the contribution of a diverse range of actors within the wider European legal community. It cannot, therefore, be assumed that the CCJ will be able to replicate the role played by the ECJ. The aim of this article is, accordingly, to review the jurisdictional framework within which the CCJ will function; to explore how this is likely to affect its relationship with the wider legal community within CARICOM; and, finally, to consider how this will impact upon legal integration within the region generally.
Website
Book chapters
-
Morano-Foadi S, Della Croce, C, Lugosi P, 'Refugees’ integration into the labour market: Discharging responsibility in the UK' in Jesse M (ed.), European societies, migration, and the law: The ‘others’ amongst ‘us’, Cambridge University Press (2021)
ISBN: 9781108487689 eISBN: 9781108767637
Abstract The State’s legal obligation towards refugees comprises granting protection and conferring post-determination rights. This chapter queries how the UK discharges its legal obligation to facilitate refugees’ engagement with work and whether it contributes towards their ‘othering’. It examines the Syrian Vulnerable Persons Resettlement Scheme (VPRS) as a case-study, assessing how ‘resettled’ refugees access support to labour market integration through various organisations and actors, comparing the support provided to them with the assistance available to ‘recognised’ refugees. The latter are those who have reached the UK by their own endeavours, applied for asylum, and been granted refugee status. The study has demonstrated how diverse networks of organisations and state actors facilitate or inhibit refugees’ access to the labour market, counterbalancing State actions on integration.
Website
-
Morano-Foadi S, Crifò C, 'Italians Abroad – gli italiani in Inghilterra e la ricerca scientifica' in Annuario di diritto comparato (Comparative Law Yearbook), Edizioni Scientifiche Italiane (2014)
-
Morano-Foadi S, 'Commentaries on Articles 45 – 48 TFEU' in Smit H, Herzog P (ed.), The Law of the European Union, LexisNexis Matthew Bender (2014)
ISBN: 9780820569710
-
Morano-Foadi S, 'The equality clauses in the EU directives on non-discrimination and migration/asylum' in Integration for third country nationals: the equality challenge, Edward Elgar Publishing (2012)
ISBN: 9780857936813
-
Morano-Foadi S, 'Citizenship and migration within the European research area: the Italian example' in New Europe, new world? The European Union, Europe and the challenges of the 21st century, Peter Lang (2010)
ISBN: 9789052016047
Monograph
‘Protection of Fundamental Rights in Europe: The Challenge of Integration’, Springer, June 2020 (with S. Andreadakis). The work has been acclaimed by dignitaries as they have endorsed it.
Edited Collections
- A matter for two courts: the fundamental rights question for the EU, Hart Publishing, 2015 (with Lucy Vickers). I have edited most of the work and taken the lead of the introduction and the conclusion. Highly cited.
- Integration for third country nationals: the equality challenge”, Edward Elgar Publishing, 2012 (with M. Malena). I have edited more than half of the publication and co-written the introduction and conclusion. A unique book on a topical area.
Journal Articles and Book chapter
- ‘Refugees’ Integration into the Labour Market: Discharging Responsibility in the UK’ in M. Jesse (ed.) European Societies, Migration, and the Law: The ‘Others’ Amongst ‘Us’, (Cambridge, Cambridge University Press, 2021) 247- 263 (with Della Croce, C., and Lugosi P.)
- ‘Equality Of Third Country Nationals (TCNs) Twenty Years After Tampere: EU And ECHR Protection’, Revista General de Derecho Público Comparado, December 2019 (with Venera Protopapa). This review is one of the best in Europe in EU Law. The publication is in English with a summary in Spanish.
- 'Solidarity and responsibility: advancing humanitarian responses to EU migratory pressures', European Journal of Migration and Law, Vol 19 (3), 2017, 223-254. Brill | Nijhoff. 2017
- ‘The Status of Human Rights Protection in Europe: It’s complicated’, Birkbeck Law Review, Vol 4 (1), 2017, 305-318. (with Jen Neller).
- ‘Human trafficking and the position of “vulnerability” for victims in Europe in Special Issue "Judging in the 21st Century: migration and nationality concerns" International Journal of Migration and Border Studies, Vol. 2(3), 2016, 289-307. Interscience Publisher.
- ‘Un-nesting the “Matrioska” doll: problems and paradoxes at the intersection between citizenship, migration and human rights’, Revista de Derecho de la Unión Europea, Vol 27, 2014, 301-320.
- ‘Italians Abroad – gli italiani in Inghilterra e la ricerca scientifica’, Annuario di diritto comparato, Comparative Law Yearbook, 2014, 621-644. (with C Crifò) - for this publication my contribution is 50%. Impact factor Not known
- ‘Fundamental Rights in Europe: “constitutional” dialogue between the Court of Justice of the EU and the European Court of Human Rights’, Oñati Journal of Emergent Socio-legal Studies, Vol 5(1), 2013, 64-88.
- ‘The convergence of the European Legal System in the treatment of Third Country Nationals in Europe: the CJEU and ECtHR jurisprudence’, European Journal of International Law (2011), Vol. 22 No. 4 , 1071 – 1088, (with S Andreadakis).
- ‘Reflections on the Architecture of the EU after the Treaty of Lisbon: the European judicial approach to fundamental rights’ in Special Issue edited by S Morano-Foadi and F Duina, entitled "'The Institutionalisation of Regional Trade Agreements Worldwide: New Dynamics and Future Perspectives', European Law Journal, Vol. 17, No. 5, September 2011, 595–610. (with S Andreadakis)
- ‘The Institutionalization of Regional Trade Agreements Worldwide: New Dynamics and Future Scenarios’, Special Issue Regional Trade Agreements Worldwide – Dynamics and Perspectives, Volume 17, European Law Journal, September 2011, 561–567. (with F Duina)
- Third Country Nationals versus EU citizens: discrimination based on nationality and the Equality Directives, December 2010.
- “EU Citizenship and religious liberty in an enlarged Europe”, European Law Journal, Vol 16(4) 2010, 417-438. European Law Journal ranked 1st for European Law (h5-index 26; h5-median 48)
Books Reviews
- ‘The Future of Europe: Political and Legal Integration Beyond Brexit’, European Law Review, 45, 2020, 751-753. European Law Review ranked 7th for European Law (h5-index 14; h5-median 22)
- ‘The Rise and Decline of Fundamental Rights in EU Citizenship’, European Law Review, 44, 2019, 879-881.
European Law Review ranked 7th for European Law (h5-index 14; h5-median 22)
- ‘The Governance of EU Fundamental Rights’, Common Market Law Review, 54( 6), 2017, 1899-1901.
Common Market Law Review ranked 1st for International law and 2nd for European Law (h5-index 26; h5-median 38)
- ‘Religion and the Public Order of the European Union’ (2011 OUP) in European Law Journal, 18 (1), 2012, 164–173. European Law Journal ranked 1st for European Law (h5-index 26; h5-median 48)
- ‘Migration and Human Rights: The United Nations Convention on Migrant Workers' Rights', International Journal of Law in Context Vol 6 (4), 2010, 409–413. Cambridge Journal.
Book chapters
- Morano-Foadi , ‘Refugees’ Integration into the Labour Market: Discharging Responsibility in the UK’ in M. Jesse (ed.) European Societies, Migration, and the Law: The ‘Others’ Amongst ‘Us’, (Cambridge, Cambridge University Press, 2021) 247- 263 (with S., Della Croce, C., and Lugosi P).
- ‘The stratification of rights and entitlements – access to residency, welfare and justice by migrants in the UK” (with M. Teclehaimanot, L. Campbell and C. Alves) in M-Cl Foblets and J-Y Carlier, Springer, 2021.
- “Commentaries on Articles 45 – 48 TFEU”, in Smit & Herzog, The Law of the European Union, LexisNexis Matthew Bender, July 2020.
- “Commentaries on Articles 45 – 48 TFEU”, in Smit & Herzog, The Law of the European Union, LexisNexis Matthew Bender, July 2018.
- “Commentaries on Articles 45 – 48 TFEU”, in Smit & Herzog, The Law of the European Union, LexisNexis Matthew Bender, November 2014.
- “The equality clauses in the EU Directives on non-discrimination and migration/asylum” in S. Morano-Foadi and M. Malena, Integration for third country nationals: the equality challenge”, Edward Elgar Publishing, November 2012 (with Karin de Vries).
- “Integration policy at the European Union level” in S. Morano-Foadi and M. Malena “Integration for third country nationals: the equality challenge”, Edward Elgar Publishing, November 2012 (with Micaela Malena).
- Discriminazione su base razziale e sulla nazionalità: protezione giuridica e stratificazione dei diritti dei cittadini dei Paesi terzi nell’Unione Europea, in Le discriminazioni subite dagli stranieri tra diritto europeo e diritto italiano: ai confini tra xenofobia e razzismo?, Armando Editore, Roma, 2011.
- “Citizenship and Migration within the European Research Area: the Italian example” in A. Martínez Arranz, P. Winand, N. Doyle (eds.) ‘New Europe, New Governance, New Worlds’, European Policy Series, Vol. 40. Brussels: P.I.E.-Peterlang, 2010, 91-108.
Textbooks
- S Morano-Foadi (with Jen Neller) Fairhurst, Morano-Foadi and Neller Law of the EU, Pearson, June 2020
- S Morano-Foadi (with Jen Neller) Fairhurst Law of the EU, Pearson, June 2018
- S Morano-Foadi (with J Diekmann) European Union lawcards 2011-2012, Routledge 2011
Reports
- (2018) Final Report of ‘Labour Market Integration of New Refugees: Entry Channels, Strategies and Experiences’ (LAMINAR Project).
- (2014) ‘A Reflection on the Relationship between the Court of Justice of the European Union and the European Court of Human Rights post Lisbon’, published at Council of Europe's website (with S Andreadakis)
- (2013) ‘Migration and the Law: A report on the UK experience’ commissioned by the International Academy of Comparative Law (IACL) for the International Congress of Comparative Law, Vienna in July 2014. The General report on Migration and Law written by J.Y. Carlier MCl Foblets (with L Campbell).
- (2013) British Academy Report ‘Reflections on the Architecture of the European Union after the Treaty of Lisbon: The European Approach to Fundamental Rights’, February 2013.
- (2011) ‘In/equality of Third Country nationals within the EU: the challenge of equality’, submitted to the European Science Foundation (with M Malena and M Cederberg).