A Universal Dilemma in a Specific Context: the Integration of Foreigners in Italy

Ascertaining that today’s migrations have considerable effects on legal systems, it comes to light an apparently irreconcilable dilemma: on one hand, the ideal and universal freedom of movement, theorized by the Cosmopolitans; on the other hand, the sovereign self-determination of the States, predicted by the Communitarians, and today reiterated by the Sovereigntists. Even in the Italian legal system it is possible to find these divergent positions, especially in the decisions and policies of the sub-state territorial authorities, which have progressively assumed a crucial role in the management of immigration. In fact, it is possible to find regulatory measures aimed at hosting and integrating foreigners, but there are periodically interventions aimed at rejecting them and limiting their access to the use of social rights and services. In relation to these final measures, the Constitutional Court has also had a crucial role in these years, contributing to the construction of a social citizenship, based on the fundamental principles of our republican system. However, the paper aims to demonstrate - by presenting the SPRAR project and the actions implemented by some Municipalities - that the research of a balance between an unconditional openness to immigration and a hostile and rigid closure of the territories can find a suitable solution in the sub-state territorial authorities, which could become a privileged place for integrated hospitality.