Migrazioni e migranti: per la ricostruzione di una prevalenza strutturale del diritto internazionale sul diritto interno

Taking the cue from the question of migrations, the contribution analyses the crucial question of the rela-tions between international and national law, short of the kelsenian theory of the supremacy of interna-tional law, to ascertain in which measure the idea of the "intangibility" of National law, and in particular the fundamental principles of Constitutional law of the single States is really actual, as many scholars as-sert. One of the fundamental question therefore is: how the principle of the freedom of each man of abandoning one's own country (art. 12.2 International Covenant on Civil and Political Rights: "Everyone shall be free to leave any country, including his own") is compatible with the principle of sovereignty of States, to conclude that, being sovereignty an "Institute" of international law, is the same international law the sole having jurisdiction on the extent of the State-sovereignt