The Frontiers of Rights: Exploring Solidarity in the Case-law of the Italian Constitutional Court on non-EU Citizens’ Social Rights

At the time following the so-called refugee crisis, when confuse and fast changing immigration legislations have become more and more frequent across European countries, turning to courts, particularly to Supreme/Constitutional courts, has proved to be one of the few successful strategies to resist the progressive erosion of migrants’ fundamental rights and liberties. The paper enquires into the role of the Italian Constitutional Court in securing spaces of legal protection for immigrants, invoking the principles of human dignity and solidarity and the EU principle of non-discrimination. The purpose of this paper is, on the one hand, to assess the strength of the legal reasoning underpinning the Court’s decisions and, on the other hand, to discuss whether such case law can effectively provide new solidarity-based legal frames to (EU) immigration law. Can a reciprocal non-contractual form of solidarity be an adequate interpretative tool on which to build immigrants’ entitlement to social rights?