Abstract

Migrations are not a contingent event, because in the context of international society the mass movement of human beings from some territories to other places has occurred continuously for the most different reasons. Despite the international character of migration, it has been governed almost exclusively through national law measures, which have not pursued the overall interests involved, similar to the few rules adopted at supranational level (such as those originating from the TFEU). We believe that the concept of «functional» sovereignty emerged in the Italian doctrine and European case law together with the application of the principle of solidarity may constitute the legal basis for a balanced management of migratory phenomena in Europe, originated from international cooperation.