Riparto di giurisdizione e immigrazione: note critiche sul "nomadismo giurisdizionale"

The essay is addressed to the multiple problems that exist in terms of the division of jurisdiction in the area of migrant protection. These issues, that deal on a general level on theoretical problems such as the indegradability of the fundamental right or of the distinction between a discretionary act and a bound act, impact the quality and effectiveness of the migrant’s protection, causing further uncertainty. We believe that in this context the administrative judge must play a fundamental role, not only for the complexity of his decision-making powers and for the principle of atypicality of the actions available prior to him, but mostly because of the peculiar capacity to investigate the intrinsic rationality of selective choices, which are those of a very demanding society but with limited economic resources and where the juridical situation of the migrant is assesed.