Accordi informali con Stati terzi in materia di gestione dei flussi migratori: considerazioni critiche con riferimento alla prassi dell’Unione europea e dell’Italia

Abstract

The growth of the migratory phenomenon and the resulting challenges have led the European Union to develop a migration policy that aims to “defend” its southern borders and to reduce the number of people entering its territory. In this context, the diffusion of informal agreements to repatriate or to restrict immigration coming from extra-European States is a troubling reality. This paper critically analyses some agreements concluded by the European Union and Italy, facing also the question of the place of safety where to disembark the migrants rescued at sea (in the context of the Memorandum with Libya). The paper will aim to show that this policy has created a vicious circle whereby the migrants are either pushed back before arriving in EU territory or repatriated once they reach Europe.