Andrea Bonomi

The guarantee of the legal protection of immigrants in Puglia: Problematic aspects with a look at the matter «jurisdiction and procedural rules» and at the restriction of constitutional res iudicata

  • Abstract

Informations and abstract

Keywords: legal protection, immigrants, matter «jurisdiction and procedural rules», constitutional res iudicata.

The paper deals with the issue of legal protection that can be guaranteed to immigrants, albeit with a gaze directed exclusively to the legislation of the Puglia Region, and moves from a more general point of view and examines the matter of «jurisdiction and procedural rules» which is of exclusively state competence. Two are the aims of this examination. It means firstly to ascertain whether in reference to this matter the Region can have a competence under some profiles and from a more specific point of view and secondly to analyze the sentence n. 299 of 2010 of the Constitutional Court, which declared illegitimate – precisely for having regulated aspects attributable to the matter «jurisdiction and procedural rules» – the 32/2009 law of the Puglia Region: this law guaranteed the legal protection and in particular the effectiveness of the right of defense to immigrants who are located in the territory of the Region. The central part of the paper focuses on establishing whether the aforementioned sentence of the Constitutional Court can be considered an obstacle or instead leaves some glimmer of hope towards any future legislative provision of the Puglia Region by which it intends to ensure a form of legal protection for immigrants located in its territory.

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