Fundamental rights of migrants and the Italian immigration policy

Abstract

On March 6, 1998, a new law on immigration, entitled "Disciplina dell'immigrazione e norme sulla condizione dello straniero", otherwise known as law 40/98, came into effect. The new law completely substituted the previous "Martelli Law", which was introduced during a period of great emergency, due to the intense migratory flows coming from Eastern Europe. The law 40/98 attempts to discipline all areas relative to immigration with a certain degree of elasticity. In fact, for the first time, it represents a serious attempt not to leave to chance such a socially relevant issue as immigration. Italy finds itself in a very complex situation, divided between European and Mediterranean aspirations. In short, it is experiencing an identity crisis, battling between the demands and advantages that go along with being one of the founding members of European Union, and those that go along with being one of the preferential partners of the extra-European Mediterranean countries. That is why any attempt made by the Italian 'Governments' to give an answer to the migration issue in the country has to be made in the frame of the objectives set forth by the Barcelona Declaration.