Alcuni cenni sulla gestione delle frontiere dell’Unione europea e la disciplina della protezione internazionale in Italia. Quali garanzie per la sicurezza e il rispetto dei diritti fondamentali?

Abstract

The aim of the article is to examine some recent EU legislative acts in the field of migration that have an impact on the fight against international terrorism in the Schengen area and to critically analyze the regulatory developments in the regulation of the “Schengen system”. This research leads to formulate some observations on the complex balance between guaranteeing the fundamental rights of migrants and the internal security of the States, also in the case of the recent intervention by the Italian legislator on asylum and immigration, in light of the European case law on the issue. As a result, a reformulation of the original objectives of the Tampere European Council seems warranted, in order to ensure the effective implementation of the Area of Freedom, Security and Justice, especially through a greater control of the EU’s external borders.