Profili critici del trattenimento nelle nuove procedure di frontiera

This paper examines the critical aspects of migrant detention in the context of the New Pact on Migration and Asylum, analysing the legal framework and potential impact on the fundamental rights of migrants and asylum seekers. The study focuses on the new border procedures introduced by the Pact, including the screening procedure, border asylum procedure, and border return procedure, highlighting the increased risk of generalized detention at the border. The paper also explores the legal fiction of “non-entry” and its implications for the rights of migrants, as well as the potential use of detention during crisis situations. The analysis emphasizes the need for a balance between effective border management and the protection of migrants’ rights, advocating for a more transparent and predictable system that safeguards the fundamental rights of all individuals, regardless of their migration status