"Facta sunt servanda": per un diritto di realtà in tema di uguaglianza degli stranieri

• Autores: Maria Chiara Locchi
• Localización: Quaderni costituzionali, ISSN 0392-6664, Nº 3, 2010, págs. 571-586
• Idioma: italiano
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• Resumen

  • The ideologically restrictive approach of European and Italian immigration policy aggravates the instability of third nationals' legal status at a constitutional level. In particular, this approach threatens the principle of equality (art. 3 Italian Constitution) and all freedoms universally granted by the Italian Constitution, i.e. notwithstanding one's citizenship. The distance between what abstract legal rules provide for and the actual real situation represents one of the distinguishing features of Italian immigration law. In fact it ignores that all possible interpretations of the principle of equality are based on the congruence between facts and laws. The analysis of constitutional case law regarding equality and reasonableness of third nationals' differential treatment - with special reference to family unity and the right to social assistance - highlights innovative interpretations emphasizing the relevance of legal and semi-permanent residence as a title to obtain constitutional protection. However, the implications of the constitutional value of equality as a reference to the ongoing dialogue between facts and the law, in order to rethink the legal category of inclusion and exclusion from the social and political community, have not yet been developed.