L'espulsione alla prova degli obblighi internazionali di protezione dei diritti fondamentali

The article analyses the Italian criminal legislation concerning the expulsion of European and international offenders from the Italian territory in the framework of protection of fundamental rights and freedoms stemming from Italian Constitution, the EU legal order and the ECHR system. In such analysis a particular consideration was devoted to the case law of the Italian Constitutional Court, EU Court of Justice and the European Court on Human Rights. The article aims at striking a fair balance between the security needs – becoming progressively more and more compelling - and the necessary protection of fundamental rights of subjects affected by the security measures, such as expulsion. In this respect, the supranational tools of protection of individual rights, combined with the national relevant instruments (namely Constitutions) and the dynamic dialogue among the Courts, represent a very effective safety net, which however needs to be constantly strengthened and checked.