Il controllo dei flussi migratori tra obblighi comunitari e rapporti bilaterali dell\u2019Italia

This article focuses on the powers enjoyed by a EU member state such as Italy regarding the control of migratory fluxes: on this matter, EU and States share relevant competences, this having been clearly restated also in the Lisbon Treaty; yet, EU legislation enacted in this field already does limit member states actions, and EU soft law further conditions Member States\u2019 room for manoeuvring. De facto, the remaining substantial power enjoyed by Member States rests on the definition of the prerequisites to admit non-EU citizens within the territory, since no agreement at all exists at EU level on the notion of \u201clegal immigration\u201d, with the exception of particular kinds of migrants. In this field, Italy (like other Member States) has stipulated some bilateral treaties, especially with States located in the southern shore of the Mediterranean. This phenomenon coexists with an EU power to enter into bilateral agreements with third countries aimed at regulating migratory fluxes. And indeed, all these treaties (both signed by the EU and by Member States) are modelled according to very similar patterns: once again, apparent shared competences tend to blur into an homogeneous common policy vis-\ue0-vis migratory fluxes coming from third countries. In this vein, it is reasonable to say that, in reality, EU and Member States take action in respect of this matter depending on a criterion aimed at envisaging which is better placed to enter into bilateral agreements with third countries. As a final remark, the author examines the new article 80 TFEU and concludes that, after its entry into force, Italy (like other Member States) may have finally a right to claim by other Member States assistance (financial one included) in order to counteract illegal migratory fluxes coming to its borders and shores. Hence, after Lisbon, joint and shared responsibilities on these matters should no longer be based on voluntary schemes, and rather being organised according to this new legal scenario