Diritti individuali vs. scopi collettivi? I provvedimenti in materia di immigrazione al tempo della pandemia

Abstract

This paper analyses the interventions implemented in Italy in the field of immigration during the covid-19 emergency. The way in which they affect constitutive principles and fundamental rights, by opposing them to collective purposes is considered. The legal notion of “place of safety” is deepened to highlight the problematic nature of the Interministerial Decree 7 April 2020, n. 150 in terms of respect of fundamental rights and international law. Other legislative initiatives and praxis are taken into account as examples of a more general modality of intervention which, in the name of the protection of public health and safety, had controversial and unreasonable results also with respect to this purpose.