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, remaining 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 asylum 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 complies with the fundamental principles of constitutional and international law and jurisprudence on human rights, with regard, in particular, to the protection of personal freedom and proper defense.
|Numero di pagine||35|
|Rivista||A&C. REVISTA DE DIREITO ADMINISTRATIVO & CONSTITUCIONAL|
|Stato di pubblicazione||Published - 2014|