Migrazioni Mediterranee e autocrazie eurocentriche

Abstract

Many different factors can draw people to migrate to other Countries. Economical, social, political and religious causes are the main reasons why since the end of the 70's some European Countries attracted immigrants from third States. During the last few years, the European Union narrowed down the admittance possibilities to non-European citizens. In fact, while there is a final disappearance of internal frontiers, the control of EU external borders has been strengthened. From the point of view of general international law, every sovereign State can decide the measures of admission and stay in its territory. However those several international Conventions that regulate this area, particularly regarding refugees, must not be forgotten. First of all one must mention the Geneva Convention. It focuses on the refugee status, mainly because it was adopted during the Cold War and so it was affected by the need of granting protection for those who escaped from Countries on the other side of the Iron Curtain. According to this document, the party States must guarantee the admission of a person, in order to weigh up the effective presence of the necessary requirements to consider him a refugee. On this matter there is an important distinction to make. In fact there is the asylum applicant, who is a person having all those requirements postulated by the Geneva Convention to get the refugee status; the refugee, who has been recognised as asylum protected; the immigrant. The difference between the applicant and the immigrant is that while the former was compelled to escape from his Country, the latter chose to leave it. European legislation does not bear in mind this distinction, with the result of creating a system that is indiscriminately restrictive. The economical slump that has effected Europe and the fall of the Berlin Wall have been contributory factors to this situation.