Abstract

Conceptual leitmotiv of the essay is the boundary, as defined by cultural anthropologists: the "furrow", the border constraining movement or extra-EU mobility. The paradigm is meant as the barrier to access into the Italian territory by foreigners, as well as the legal border of the only type of contract a foreigner can subscribe to obtain the "legally staying" qualification and, therefore, the application of the equal treatment principle set by the 143/75 Ilo Convention, as transposed into the national legal system. The author analyses in depth the most recent legislative interventions in this field and examines the case law concerning the "contract of stay for employment", in order to highlight the main doctrinal theories elaborated since this contractual typology was introduced in 2002. In her conclusions, the author argues for the impossibility of qualifying the "contract of stay" as an employment contract, underlining its profiles of unconstitutionality.