Acceso usuarios
Rebecca Paraciani
This paper examines recent legislative changes introduced by new article 18-ter of the Italian Consolidated Immigration Act (TU Immigrazione), as amended by the "decreto flussi" (Decree-Law No. 145/2024), from a sociological perspective. The focus is on labour exploitation and the role of public agencies in combating this phenomenon. Using the theoretical framework of street-level bureaucracy conied by Lipsky, the paper explores the discretionary power of frontline workers – particularly labor inspectors – in interpreting and applying legal provisions in daily practice, thereby acting as de facto policy-makers. The paper is structured in four parts. The first offers a sociological analysis of labor exploitation, emphasizing its definitional ambiguity and systemic nature, particularly in relation to migrant labor. The second introduces the concept of street-level bureaucracy and its implications for the implementation of labor policies. The third reviews empirical studies on labor inspectors, highlighting how discretion, coping strategies, and organizational constraints shape their enforcement actions. The fourth section critically reflects on the new article 18-ter, which aims to facilitate justice for undocumented migrant workers by removing the requirement of a formal complaint and emphasizing "useful cooperation" instead. While the reform appears to empower institutional actors and promote a more inclusive protection framework, it also introduces interpretive challenges. In the absence of clear guidelines and consistent local governance, the risk is a fragmented implementation across regions. The paper concludes that, for article 18-ter to be effectively operationalized, it requires well-defined protocols, inter-agency coordination, and specific training programs for street-level bureaucrats, enabling them to balance their discretionary power with the complexity of migrants’ lived realities.
