Dovere di solidarietà ed emergenza migratoria tra spazio normativo europeo e legislazioni nazionali securitarie Italia e Francia a confronto

Duty of solidarity and migratory emergency between European regulatory space and national security laws. Comparing Italy and France

Abstract

The aim of this essay is to analyse the migration emergency to anchor measures safeguarding the rights of persons in emergency situations to the duty of solidarity as the basic principle of national and transnational legislation on migration emergencies. In this sense, by ridding immigration law of its security rhetoric and resolving the tension between the State dimension (border security) and the individual dimension (protection of foreigners and of fundamental rights), the duty of solidarity could integrate a universal hermeneutic canon of the multilevel system of guarantees for subjects living in vulnerable conditions in their own country.

Keywords: Duty of solidarity; Migration emergency; Sources of law; Italy; France