AMMISSIONE DI STRANIERI SUL TERRITORIO NAZIONALE ATTRAVERSO ‘CORRIDOI UMANITARI’ CON SPONSOR PRIVATI

Abstract

The scope of the present research is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway ‘par avion’ recently spread from Italy and called “humanitarian corridors”, may in a future become a general and uniform alternative model for other European Union States. Such a best practice, which represents currently an exceptional route for vulnerable migrants mostly from Lebanon and Eritrea to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, could potentially be extended to other EU States. Its legal basis should not be restricted to Article 25 of the Visa Code (recently interpreted by the EU Court of Justice as posing no obligation on Member States to grant humanitarian visa). There already exist clear obligations to grant humanitarian assistance to vulnerable people at risk stemming out from international law (both general and conventional) that do constitute the adequate legal basis both for States and civil society, to act in a “multi-stake-holder alliance” in order to find solutions to the challenges and opportunities deriving from international migration, as indicated in the 2016 New York Declaration.