Michele Pifferi, “Antinomie e caratteri costanti dello ius migrandi tra Otto e Novecento”

Rivista trimestrale di diritto pubblico, 2 (2019), 395-407

Abstract

The paper provides a historical comparative reading of the right to migrate between Nineteenth and Twentieth centuries. Applying as two interpretive keys the primacy of the State power over the individual freedom to move and the problem of mass migration in comparison with individual migration, four recurring factors are analysed: the derogations to the rule of law, the choice to regulate migration mainly through administrative law, the criminalization of migrants and the rhetoric exploitation of migrations as a nation building factor.