L'immigrazione e i diritti del lavoratore extracomunitario: ricongiungimento familiare e tutela previdenziale

The present work is intended to provide a juridical framework of the rights that the European Community grants to the third country worker legally resident in a member State, with particular concern to the family reunification and social security protection, in order to verify their adequacy to the today's demands of migration policies. The European Community migration policy, which is characterized by a great variety of juridical sources, applies to foreign citizens, a category that antagonizes to the European Union citizens and that is therefore made up of subjects coming from third countries. From the handling have moreover been left out both the discipline outlined in association agreements and the situation of the relatives of the EU citizen. In addition, the asylum policy and the situation of the refugees and the beneficiaries of temporary protection has not been taken into account by this script. Prior to the investigation of the set of rules governing the above mentioned legal institutes is the deepening of the evolution of the EC migration competente in order to understand how the Community became able to issue acts in this field and what is their legal basis in the EC Treaty. The legal institutions have been analysed taking into consideration the juridical evolution of the preparatory acts and the relevant case law (with particular attention to the Italian situation) in order to evaluate those weaknesses that these acts, despite representing an undoubted advance in comparison with the previous situation where third country nationals were totally lacking in protection, however present. From the point of view of the family reunification, in fact, without any objective reason in a field where fundamental rights are at stake, the EU citizens benefit by a more favourable discipline since the directive 2004/38 presents a wider notion of family than the merely nuclear one accepted by the 2003/86 directive. The social security protection presents problematic profiles both because of the difference of treatment in comparison with the third-country nationals who are long-term residents, who are protected even the so called purely interna1 situations, and in respect to the 859/2003 regulation.