Come affrontare le crisi migratorie future? Valutazioni preliminari sul regolamento crisi e forza maggiore tra flessibilità e certezza del diritto

This paper provides an analysis of Regulation (EU) 2024/1359, a new legal instrument designed to address situations of crisis and force majeure in the field of migration and asylum within the European Union. The Regulation establishes procedures for determining the existence of an emergency, outlines potential responses including solidarity measures and exemptions from standard rules, and sets out monitoring and coordination mechanisms. This paper examines the key provisions of the Regulation, focusing on its scope of application, the definitions of “crisis” and “force majeure”, and the activation process. It highlights the significant deviations from the European Commission’s initial proposal and critically assesses the potential ambiguities and discretionary aspects of the Regulation. Furthermore, the analysis explores potential future challenges and limitations that may arise in the practical application of this new legal framework.