PROFILI PENALISTICI DELLA NORMATIVA IN MATERIA DI IMMIGRAZIONE

This work is composed by 4 chapters. In the first of them an analysis of the international and the national politics in immigration matters is conducted with a particular reference to the constitutional principles. In the second one, more specifically, the focus is on the penological profiles of the immigration laws. In the third chapter, the research is about the administrative measures to contrast the phenomenon of the irregular immigration - such as refoulement or confinement in the centers for identification and explusion- that are stringent measures; their nature seems to be the one of the penal laws, but there are no adeguate guarantees for the ones to which they are applied. In the last part of the work, we try to demonstrate that, in our legal order, the control of the immigration fluxes could be deregulated and this would seem the most effective solution and the better one in order to respect and to enforce the constitutional principles. This last idea could seem an hazardous idea, even for the ones that strongly support the thesis of an universal protection of the human rights, but it seems to be supported by the economic data and those about the imprisonment rate.