Emergenza sanitaria, (in)sicurezza e interventi normativi in materia di immigrazione in Italia

Abstract

The recent legislative measures and practices introduced in Italy in the filed of migration have highlighted many of the juridical problems that the current sanitary crisis is posing, especially with regard to the relationship between state of emergency and constitutional rights, also with regard to the State's obligations under international law. After briefly highliting the danger in opposing individual rights and undetermined political purposes, this contribution underlines the lack of reasonableness and consistency of these interventions. Particular attention is paid to the Decree 7 April, 2020, n. 150, which states that Italian ports, in time of pandemic, cannot be considered safe ports of disembarkation for people saved at sea by ships flying foreign flags. The analysis of legal notion of place of safety will reveal the problematic nature of the predictions contained in this decree, by also evaluating its paradoxical consequences in the face of the concrete situation that migration policies have created in the central Mediterranean.