The scope of the present contribution is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway spread from Italy, called “humanitarian corridors”, may in a future become a general and uniform alternative model for other European Union States. In fact, such a best practice, which represents currently an exceptional route for vulnerable migrants to enter securely the country after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, is nowadays restricted to a relatively small number of beneficiaries but could potentially be extended to other States. In order to achieve this goal, it is argued that the actual model should be slightly adjusted, especially with regard to the actual reference to Article 25 of the Visa Code as its legal basis. The latter seems difficult to be formally maintained after the much criticized 2017 judgment X and X v. Belgium, in which the Court of Justice of the European Union recognized Member States a wide margin of discretion when requested to grant humanitarian visas by vulnerable people exposed to serious irreversible harm.
The Necessity for Alternative Legal Pathways: the Best Practice of Humanitarian Corridors Opened by Private Sponsors in Italy
ricci carola
2020-01-01
Abstract
The scope of the present contribution is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway spread from Italy, called “humanitarian corridors”, may in a future become a general and uniform alternative model for other European Union States. In fact, such a best practice, which represents currently an exceptional route for vulnerable migrants to enter securely the country after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, is nowadays restricted to a relatively small number of beneficiaries but could potentially be extended to other States. In order to achieve this goal, it is argued that the actual model should be slightly adjusted, especially with regard to the actual reference to Article 25 of the Visa Code as its legal basis. The latter seems difficult to be formally maintained after the much criticized 2017 judgment X and X v. Belgium, in which the Court of Justice of the European Union recognized Member States a wide margin of discretion when requested to grant humanitarian visas by vulnerable people exposed to serious irreversible harm.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
