Nuovo quadro di partenariato dell’Unione europea per la migrazione e profili di responsabilità dell’Italia (e dell’Unione europea) in riferimento al caso libico

Abstract

With a view to reviewing the implementation of the objectives set by the European Agenda on Migration three years after its adoption, the essay analyzes the political path that the European Union has developed in the context of the external dimension of immigration policy, especially through the creation of a “New Migration Partnership Framework with Third Countries”. In particular, the paper focuses on the cooperation between Italy and Libya established through the Memorandum of Understanding of 2 February 2017, in relation to the analysis of “costs” in terms of violation of human rights and the consequent international responsibility profiles of Italy (and of the European Union). If the “outsourcing” process in border control ultimately aims to avoid the triggering of Italian jurisdiction, especially considering the stance adopted by the European Court of Human Rights in the Hirsi ruling, the essay addresses the hypothesis of a responsibility for violation of ECHR obligations in the light of that same judgment, as well as of the use of the Convention as a living instrument.