The issuing of the “Salvini decree” (or “Security decree) has made residency a political and public issue. Strongly wanted by the current Ministry of the Interior, the decree among its various purposes, aims to prevent asylum seekers from the enrolment to municipal registry offices. The initiative of the government, which raises huge doubts about its constitutional legitimacy, has immediately caused several intellectual and political reactions, and has been criticised at a jurisdictional level. The article, starting from the current debate on the right to residency, aspires to deal with the meanings and functions of this legal institution. Moving from a socio-legal and socio-political perspective, it aims to investigate the topic of the recognition of municipal membership “between form and substance”, by analysing, on the one hand, the contents, purposes, and stakes of municipal registration and legal positions that are prerequisites for it and bringing to light, on the other hand, the legal and administrative obstacles that central governments and local authorities are putting against the right to residency.
L’appartenenza negata: la residenza e i suoi significati, tra ambivalenze interpretative e conflitti politici
E. Gargiulo
2019
Abstract
The issuing of the “Salvini decree” (or “Security decree) has made residency a political and public issue. Strongly wanted by the current Ministry of the Interior, the decree among its various purposes, aims to prevent asylum seekers from the enrolment to municipal registry offices. The initiative of the government, which raises huge doubts about its constitutional legitimacy, has immediately caused several intellectual and political reactions, and has been criticised at a jurisdictional level. The article, starting from the current debate on the right to residency, aspires to deal with the meanings and functions of this legal institution. Moving from a socio-legal and socio-political perspective, it aims to investigate the topic of the recognition of municipal membership “between form and substance”, by analysing, on the one hand, the contents, purposes, and stakes of municipal registration and legal positions that are prerequisites for it and bringing to light, on the other hand, the legal and administrative obstacles that central governments and local authorities are putting against the right to residency.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
