MIGRAZIONI E CONFINI: LE SFIDE DEL COSTITUZIONALISMO MODERNO

The doctoral research aims at dealing with the topic of migrations from a specific point of view: the one of the border. The choice of the border as a privileged focus of the analysis finds its reasons in the fact that it seems to represent the paradigmatic place of confrontation between two needs, sometimes opposed: on the one hand, the interest in the security and in the control of the borders, which is the classic expression of the State’s sovereignty; on the other hand, the interest of who wants to overcome the border because of different reasons, which generally refer to the seeking of a better life. From this “dispute” a large variety of problematics which consists in a reason of interest for the scholars of constitutional law seems to arise: the delicate balance between security and rights; the complex interweaving between legal orders and sources which emphasises the topic of the migration and the control of the borders; the issue, never completely addressed in the Italian legal system, of the guarantee of the right of asylum. Finally, it should be clarified that the research focuses in particular on the treatment reserved to the asylum seekers and the “irregular” foreigners, the one who seems to suffer more the politics of control of the borders.