| Resum: |
In the frame of the so-called migration crisis, which far from being only a quantity-based concept related to the increase of refugees who reach Europe by sea is configured as a transversal and multidimensional phenomenon and concerns the whole Schengen system, the Common European Asylum System and the basic principles of solidarity on which the EU is based, the present chapter analyses, from a juridical point of view, the issue of refugees returning to Italy from other European countries. These transfers, of migrants who have initially arrived in Italy and intend to pursue their travel toward central and northern Europe, are realized both formally, in the application of the Dublin III Regulation, and informally, as discretional measures applied by several border authorities, especially those of France, Germany, Switzerland and Austria. Notwithstanding that, as established by certain decisions of the ECtHR and EU administrative tribunals, Italy is not a "safe country" in the full sense of the term, especially for vulnerable persons. In those cases, refugees' return to Italy in the application of the Dublin Regulation were suspended due to the risk of violation of certain fundamental rights which a reception center characterized by "systemic failures", such as the Italian one, might entail. Moreover, in Italy, adherence to the Dublin III Regulation's prescriptions in terms of family reunion is not guaranteed, not even to unaccompanied minors, who are themselves victims of the Dublin III Regulation and informal returns to their first country of arrival. The research will take into account drafts of the revision of the Dublin III Regulation and will be concluded with some critical reflections and a reconstruction of the new regulation in this area at a European level, in order to push forward a reflection on the current crisis of international protection and on the emptying process of the right to asylum. |
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