Aliens and their judges

The author frames the problem of the jurisdictional protection of the rights of the aliens with respect to the administrative decisions relating to entry and residence, highlighting how the classic constitutional guarantees that operate in relation to fundamental rights (such as the rule of statutory law, the reserve of jurisdiction for the limitations of liberties and the equality before the law) suffer, in these cases, from structural limits that make them not very effective. The work then examines the issues that arise before the different jurisdictions, analysing the interference between the proceedings and the related difficul-ties for the defence, as happens in hypothesis of challenge against measures which are strictly connected but challengeable before different courts; free zones from jurisdictional protection, determined either by the failure of legal remedies or by the unquestionable prevalence of the interest in State security; the deficiencies in terms of the qualification of the judges called to exercise de libertate jurisdictions; the creation of procedural models strongly derogatory from the common one.

Keywords: Condizione giuridica dello straniero; diritto di azione e di difesa; principio di eguaglianza; detenzione amministrativa; legal status of the alien; right of action and de-fense; equality before the law; administrative detention.

Fabio Corvaja, Lo straniero e i suoi giudici in "DIRITTO COSTITUZIONALE" 2/2020, pp 141-182, DOI: 10.3280/DC2020-002005