I vincoli di legittimità costituzionale, sovranazionale e internazionale quale garanzia dei diritti fondamentali degli stranieri nell’ordinamento italiano

Abstract

The Constraints of Constitutional, Supranational and International Legitimacy as a Guarantee of the Fundamental Rights of Foreigners in the Italian Legal System

On the occasion of both legislative acts of the 2018 reform, President of the Italian Republic Mattarella reminded everyone of the need to respect the constitutional and international obligations of the State. In recent years, the substantial retention of the standards of protection on the subject is certainly due to the functioning of the constraints /limits of legitimacy at the constitutional, supranational and international level that the legislative changes have encountered in the concrete application by the judges.

Only a general exemption of rescue operations at sea would have to attribute an axiological pre-eminence to the duties of solidarity and protection of human life at sea, as established by international law, customary and conventional, over the interests of the coastal State.