Diritto di migrare e diritti dei migranti. Una sfida al costituzionalismo (inter)nazionale ancora da superare

Contrary to those who continue to address them in emergency terms since 8 August 1991, in this work migratory flows will be dealt with not as eccentric and episodic emergencies but as structurally systemic, complex and plural phenomena in the multiplicity of variables that condition and characterize them. Hence the two statements that will be defended in these pages are: (i) the need for an organically comprehensive redefinition of the protection and implementation of fundamental rights which, in their indivisibility and double bind with the safeguarding of fundamental goods, identify the only strategy to put an end to the forms of migration of those forced by the loss of minimum conditions for their survival; (ii) the need that the also the interventions to finally remedy the uncertainties and delays of the (inter)national law concerning the right to migrate and the protection of the rights of those who migrate, are to be conceived as part of the overall redefinition of the protection of fundamental rights in their interaction with the safeguarding of fundamental goods.