Dal caso Khalaifia agli hotspot: alcune riflessioni sulla compatibilita' della detenzione dei migranti rispetto alla Cedu

Abstract

This essay starts from the analysis of the Court of Strasbourg judgment of 1 September 2015 in “Lampedusa case” (judgment Khlaifia), pending before the Grand Chamber. It focuses on the compatibility with the European Convention on Human Rights – specially article 5 ECHR containing the right to personal freedom – of activities of first assistance and identification of migrants, often associated to forms of “detention” not fully complying with the conventional parameter. Therefore, similar reflections concern present “hotspot” system, wanted by the European Union through the adoption, in 2015, of the European Agenda on Migration.