Resumen de Controllo delle frontiere ed espulsione dello straniero in via amministrativa
The Italian legal system rules that the administrative expulsion of irregular migrants to be an 'automatic' consequence of the fulfilment of certain factual presuppositions and is carried out with equally automatic and accelerated implementation measures.
Although expulsion procedures aim to protect public order and security as well as implement border control, often these procedures violate the supreme principles of the legal system through the rules governing the expulsion of irregular migrants, the removal methods implemented and the legal protection of irregular migrants in the related proceedings. This has caused a crisis of the “genome of the Italian Constitution”.
The doctrine has shown how legal modalities and enforcement contradict the principles of the international legal order and ultimately contradict the Italian constitutional system, insofar as they remove the areas of assessment and intervention powers from judicial review, entrusting the removal of the irregular migrant from the territory of the State to the so-called ‘automatisms’.
This paper examines the current legislation that has led to the implementation of expulsion practices. Following this, the expulsions carried out by administrative prefectures are examined, with the objective of explaining how the legislative limits to the expulsion power mitigate the expulsion automatism and affect the connotation of that power.
Finally, conclusions will be offered about some critical issues in the judicial protection of irregular migrants.
