The mechanisms for removal of aliens, from legal policy to violated rights

Author/s Andrea Pugiotto
Publishing Year 2010 Issue 2010/1 Language Italian
Pages 16 P. 42-57 File size 79 KB
DOI 10.3280/DIRI2010-001003
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It is now settled law in Italy that aliens from outside the European Union (illegal or clandestine migrants) are formally entitled to judicial protection of rights. But the same is not true as regards effective enjoyment of such protection, which may be non-existent or poor, either as a result of legislative choices, or on account of the practical modalities by which removal measures against aliens are enforced by the Italian State. This essay sets out a critical analysis of the legal policy grounds for the current regulation of the removal of aliens and examines the issues of constitutional incompatibility arising, also in the light of the frequent censures passed in European and international ambits.

  • Criminal Proceedings, Languages and the European Union Giulia Tiberi, pp.5 (ISBN:978-3-642-37151-6)

Andrea Pugiotto, I meccanismi di allontanamento dello straniero, tra politica del diritto e diritti violati in "DIRITTO, IMMIGRAZIONE E CITTADINANZA" 1/2010, pp 42-57, DOI: 10.3280/DIRI2010-001003