Migration and the Janus Faces of Solidarity and the Rule of Law: Brief Remarks in the Light of the Italian Experience

The chapter explores the link between the principle of solidarity and the rule of law in migration policies by briefly analysing two cases that occurred in the Italian legal system. Such cases concern respectively the instrumental use of ministerial (ir)responsibility in favour and against former Minister of Internal Affairs Matteo Salvini; and the residence registration at local municipalities. Both highlight the dangers related to (1) exclusionary conceptions of solidarity; and (2) conceptions of the rule of law detached from legal certainty and right to access as pre conditions for the effective enjoyment of constitutional and international rights. These considerations, in turn, point to the need—both in research and policy agendas—to take into consideration the different conceptions of solidarity and the rule of law to address the complex and multifaceted issues related to migration governance. Further, such considerations are useful to assess the value and broader effects of recent trends emerging in EU law concerning the principle of solidarity.