Liberta e sicurezza in Europa in materia di migrazione e asilo: profili giuridici sull'immigrazione nell'ordinamento europeo

The author examines, from a legal point of view, the widespread phenomenon of migration in the EU Treaty and its legal acts. In pursuant to article 3 of the Treaty, "the Union shall offer its citizen an area of liberty, security and justice", migration and related issues affect a series of fundamental rights belonging to different people who have different interests: for migrants these are, the right to entry, the right to stay, the duty to meet analytical entrance requirements; whereas for the local population they concern the right to live peacefully and in a safe condition. More specifically, this article illustrates the EU Directives regulating migration, giving emphasis to a methodology according to which EU migration acts have to be applied and interpreted striking a balance between the principle/right of liberty of migrants and the principle/right of security of the EU community.