Welfare locale e immigrazione. Il contenzioso sulla legislazione regionale in materia di integrazione degli stranieri

Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s William Chiaromonte
Publishing Year 2011 Issue 2011/132
Language Italian Pages 40 P. 657-696 File size 413 KB
DOI 10.3280/GDL2011-132005
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The essay, after an explanation of national immigration law from an historical and evolutionary point of view, describes the three seasons of the regional legislation on integration of immigrants, from the Nineteen Nineties onwards. Litigation among State and Regions, after the 2001 constitutional reform, mainly on the distribution of competences on immigration is then explored, dealing also with the extension of the subjective field of application of regional legislations (which have recognized some fundamental social rights to irregular immigrants and new European citizens) and on the Regions authority in some fields of presumed national competence. Thus, the Author concludes on the one hand underlining a meaningful strengthening of the regional competences on social inclusion of immigrants, even irregular, pushed by the jurisprudence of the Constitutional court, despite the government attempt to limit their field of action; on the other hand, as a consequence of such consolidation of competences, he points out the concrete risk of a differentiation of the integration quality at a territorial level (regional but also infra-regional), also because of the State’s uncertainties.

Keywords: Third Country citizens; Integration: Social rights; Welfare State; Constitutional Court; Regions

William Chiaromonte, <i>Welfare</i> locale e immigrazione. Il contenzioso sulla legislazione regionale in materia di integrazione degli stranieri in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 132/2011, pp 657-696, DOI: 10.3280/GDL2011-132005