A brief study of the forms of coercion ordered against the foreigner-extracommunity member, in an attempt to bring them within the parameters of the legally permitted. There is a ‘semantics of migration’ to which one must pay close attention when dealing with the issue of the personal freedom of foreigners; ; for there are words that profoundly change their meaning when brought together with the latter, starting with the very concept of freedom, which from identifying the primary value on which the enjoyment of the fundamental rights of the person depends, degrades to freedom of movement or residence for the foreigner; here, instead, other words are employed as substitutes: “restriction”, “holding”, “permanence” as pseudo-synonyms for detention. The aim of the operation is to subtract them from the constitutional guarantees that safeguard the inviolability of personal freedom
From 'detention' to the 'holding' of foreigners: a nuanced nomen iuris to circumvent the habeas corpus guarantees
lina Caraceni
2023-01-01
Abstract
A brief study of the forms of coercion ordered against the foreigner-extracommunity member, in an attempt to bring them within the parameters of the legally permitted. There is a ‘semantics of migration’ to which one must pay close attention when dealing with the issue of the personal freedom of foreigners; ; for there are words that profoundly change their meaning when brought together with the latter, starting with the very concept of freedom, which from identifying the primary value on which the enjoyment of the fundamental rights of the person depends, degrades to freedom of movement or residence for the foreigner; here, instead, other words are employed as substitutes: “restriction”, “holding”, “permanence” as pseudo-synonyms for detention. The aim of the operation is to subtract them from the constitutional guarantees that safeguard the inviolability of personal freedom| File | Dimensione | Formato | |
|---|---|---|---|
|
From_detention_CARACENI.pdf
solo utenti autorizzati
Tipologia:
Versione editoriale (versione pubblicata con il layout dell'editore)
Licenza:
Copyright dell'editore
Dimensione
463.39 kB
Formato
Adobe PDF
|
463.39 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


