Biblioteca PGR


PP982
Analítico de Periódico



MORI, Paola
Le politiche relative all’asilo e all’immigrazione tra garanzie giurisdizionali e ragioni della politica / Paola Mori
Il Diritto dell'Unione Europea, n.1 (2016), p.103-113


DIREITO COMUNITÁRIO, IMIGRAÇÃO, DIREITO DE ASILO

The paper highlights how the rights of migrants have found strong guarantee in the case law of the Italian Constitutional Court and of the ECJ, both Courts having endorsed an evolutive interpretation of the relevant laws. By contrast, recent political events have demonstrated insufficient solidarity among Member States and the tendency to manage the immigration crisis at the intergovernmental level. The two Decisions of the EU Council establishing provisional measures in the area of international protection for the benefit of Italy and Greece, which established quotas for the relocation of persons seeking international protection, are an example of this trend. The A. concludes by noting that an infringement procedure under art. 258 TFEU could well be opened by the Commission against Member States not complying with the two mentioned Council decisions on relocation.