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The DIGEST: National Italian American Bar Association Law Journal

The DIGEST: National Italian American Bar Association Law Journal

Monthly Archives: January 2013

Italy Receives Criticism for Treatment of Grecian Asylum Seekers

27 Sunday Jan 2013

Posted by thedigestsyr in Uncategorized

≈ Comments Off on Italy Receives Criticism for Treatment of Grecian Asylum Seekers

As far back as January 2011, Italian authorities have shunned the international standards of treating asylum seekers from Greece.  Emigrants attempting to escape the dire economic situation of Greece show up on the Eastern coast of Italy only to be sent back on ferries within hours.  This practice, which has allegedly continued for year, has received criticism from groups like the Human Rights Watch.

Part of the increased scrutiny regarding refugees from Greece concerns the inhospitable and dysfunctional conditions of Grecian detention facilities where these emigrants are being returned.  Emigrants are returned to a country with law enforcement abuse with deplorable holding facilities and inadequate food.

In many cases, the Italian border authorities turn away emigrants without being interviewed or screened for asylum, a clear breach of Italy’s legal obligations.  In the case of children, Italian and international law require that children are given access to a guardian or social services.  Sending any migrant back to Greece without an opportunity to file asylum claims also violates Italian and international legal obligations.

The special case of the deteriorating conditions of Greece’s asylum system has led to European court rulings prohibiting the return of emigrants to Greece.  Under Dublin II regulation requires that the first EU country of entry process an asylum claim.  Further, many nongovernmental organizations formed to assist refugees are also being denied access to those from Greece who wish to apply for asylum.

The European Court of Human Rights will soon issue a judgment involving the 2009 summary return of 25 adults and 10 children who contend that the return violated their right to life and to protection against torture or ill treatment.  It remains to be seen whether the judgment will have an impact on the behavior of Italian border authorities.

 

For more information:

http://www.hrw.org/news/2013/01/22/italy-summary-returns-greece-violate-rights

http://www.nytimes.com/2013/01/22/world/europe/italy-said-to-turn-back-asylum-seekers-from-greece.html?ref=italy&_r=0

 

Punitive Damages Unenforceable

20 Sunday Jan 2013

Posted by thedigestsyr in Uncategorized

≈ Comments Off on Punitive Damages Unenforceable

Last February,[1] the Italian Supreme Court ruled that punitive damages are unenforceable because they are against public policy.   The Italian high court has had this stance for several years. 
Punitive damages are traditionally an American practice.  Italians, however, do not believe in punitive damages.  Some courts find them “offensive.”  In the Italian system, the sole goal of tort lawsuits is to compensate the victims for their losses.  Punitive damages, however, are designed to punish the wrongdoer, reward the plaintiff for enforcing the law, thus improving society.

 

Italian courts, however, will enforce judgments that have punitive damages, so long as the compensatory damages can be clearly separated from those of the punitive damages.  

 

While some scholars still maintain that other courts would be more accepting of punitive damage awards, the Italian high court remains firmly reliant on its precedent, rejecting the idea. 

 


[1] Cassazione 8 February 2012, n. 1781/2012 Soc. Ruffinatti v. Oyola-Rosado.

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