La libertà personale nella Costituzione

The Italian Constitution enshrines the inviolability of personal freedom (Article 13, par. 1) by referring it to human being as such, it also provides some guarantees by means of the different role entrusted to political institutions and judicial bodies (Article 13, par. 2). Consistently, any restrictive measure, even beyond criminal sanctions, shall comply with both, formal constitutional guarantees (i.e. the rule of law and the competence of judicial authorities) and substantial constitutional guarantees (i.e. respect for the fundamental principles of reasonableness, proportionality and human dignity according to Articles 2-3). Against this backdrop, some constitutional doubts raise in reference to the Italian legislative provisions on immigration with specific regard to the “retention” of migrants irregularly entered the Italian territory.