Immigrazione tra sovranità e dignità umana. Il rispetto dei termini nelle procedure di emersione

This paper examines the reasonableness of the derogation from the rules governing the duration of the administrative proceedings, as established in the matter of migration by Article 2, paragraph 4, last sentence, of Law No. 241/1990. To do so, the field of research is narrowed to the regularization procedure introduced by Decree-Law No. 34/2020, analyzed through a jurisprudential pathway beginning with the judgment of the Council of State No. 3578/2022, where the judges interpretatively identified a time limit for such procedures. After assessing the pros and cons of the solution reached in this decision, the outcomes of two administrative class actions will be analyzed to determine whether the setbacks characterizing the regularization proceedings are attributed to the administrations or, in justifying the need for a ‘different administrative law’ for non-citizens, are legitimized in light of the need for public authorities to distrust migrants.