The Conclusion of Bilateral Agreements and Technical Arrangements for the Management of Migration Flows: An Overview of the Italian Practice

The present article offers an overview of the Italian practice related to the conclusion of bilateral agreements for the management of migration flows, with a view to analyzing the international and constitutional law implications. This practice consists in the conclusion of agreements following a simplified procedure, or secret agreements, which inevitably encroach upon the prerogatives of the Parliament. Given the specificity of the subject-matter of such agreements and the violation of human rights that their implementation causes, this article suggests a more cautious approach. In this regard, the recent judgment of the Tribunale Ammistrativo Regionale del Lazio (TA R) is particularly welcomed as it will contribute to increasing knowledge of the various international agreements concluded by the Italian Government on migration-related issues. Reaffirming the duty of the Government to publish the text of all international agreements concluded by it might also contribute to enhancing control of the Parliament.