La “detenzione amministrativa” degli stranieri irregolari nell’ordinamento italiano e dell’Unione europea ed il diritto fondamentale di ogni persona alla libertà ed alla tutela giurisdizionale.

Abstract

AdmInIstratIve Detention of Irregular Foreigners in Italy and in the European Union and the Fundamental Human Right to Personal Freedom and Proper Defense. Foreigners are particularly subject to the restriction of personal freedom. A great number of countries resort to the detention of irregular migrants and asylum seekers by reason of the violation of immigration laws, including irregularly crossing the State border, using false document, non-possession of identification documents, staying after the permit of stay has expired, etc.. In Italy and in other member States of the European Union we can notice an ordinary use of administrative detention of foreigners (without authorization to entry or stay in EU countries) and of other measures of restriction of personal freedom also with respect to aylum seekers. The purpose of this article is to examine the italian and european legal framework of administrative detention of non EU citizens and stateless persons, to see if it comply with the fundamental principles of constitutional and international law and case-law on human rights, with regard, in particular, to the protection of personal freedom and proper defense.