MIGRANTS AND THE RIGHT TO FAMILY UNIT IN EUROPE. A MULTILEVEL ANALYSIS

Through the following analysis, it is possible to investigate the balance that the multi-level system operates between the defense of human rights on the one hand and the protection of public order on the other. The starting point and the reference regime is that of an integrated multi-level regime for the protection of fundamental rights which in the European scenario has developed coordination models between the legal system of the European Union and its duties deriving from compliance with the European Convention. of Human Rights towards the Member States. In particular, the subject of the thesis will be to verify how and what influence supranational law, the European Union, and regional law, in this case the European Convention on Human Rights, have exercised and exercised, in the context of the protection of family of migrants, taking the Italian legislation and jurisprudence as a case. Immigration is now a structural phenomenon and one of the most important. Migrations have a real impact both for individuals and for society, for the economies, cultures and places involved, accentuating the interdependencies between. In this context, different worlds also meet. In fact, every system and every society express their own fundamental values, often common to man, but sometimes with different characteristics. Resolving the issue of immigration at the level of individual states appears increasingly probable even if, very often, it happens that migration decisions, the conditions in which migration itself takes place and its consequences for the protagonists, are profoundly conditioned by political contests, institutional, social and economic and influence their capacity for action and integration. If, on the one hand, the need to regulate inflows and to guarantee European citizens the right to security can be considered legitimate, on the other hand, migration policy cannot be reduced to a question of security, control and containment. Rather, a balance is needed between the two elements, which are the regulation of flows and the inclusion of migrants, without losing sight of what should be the cornerstones of an organic migration policy, namely respect for people's rights, including the right to not to live in conditions of extreme precariousness and the recognition and enhancement of diversity. Sometimes it happens that the protection of the family unit and the family institution has a variable right according to the transfer and according to internal policies. Fear of human rights, in fact, would induce governments to open towards social costs, while the fear of public order and security would endure the constraints that often limit life to family, such as income constraints, housing requirements, age of children and degree of kinship. From this analysis it can be concluded that protecting the family law of migrants in the multilevel system must follow a new perspective, which considers the right to union as fundamental, mainly on the existence of factual relationships that can be different between following a new perspective on their and subjective from person to person, as the European Court of Human Rights had anticipated in its jurisprudence recalled Article 8 of the ECHR. One should once and for all focus less on the distinction between beneficiaries, in this case citizens of the European Union and citizens of Third States, but rather focus on the person, as such, as defined by international law. Not in search of the universality of rights, but of the essential core of fundamental values, universally shared and culturally conditioned. This is also because family reunification and the protection of family life should not be seen only as an instrument of individual well-being, but also and above all as an instrument of social, cultural and political integration. Therefore, it is important to believe in and support the action of the European Union, which should have more opportunities to implement regional development.