Immigrazione irregolare e diritti umani: la prospettiva della Corte EDU e della Corte UE

Abstract

States have the right to regulate the presence of foreigners in their territory, provided that such regulation is not contrary to their international obligations, especially within the European framework. The European Court of Human Rights and the Court of Justice of the European Union have established in their jurisprudence some limits with regard to the granting of generic and specific rights. The objective of this article is to determine these rights (both generic and specific) on the basis of the jurisprudence of both European courts with regard to irregular foreigners.