Migration for education or education for migration? A constitutional inquiry into Italy’s implementation of EU Directive 2016/801

Legislative Decree n. 71 of May 11, 2018, which transposed EU Directive 2016/801, amended the Consolidated Immigration Act (Legislative Decree n. 286/1998) by introducing specific measures aimed at facilitating the entry of foreign students and researchers. However, implementation practices reveal persistent challenges, particularly due to the lack of uniformity in administrative procedures and the complex requirements for the issuance and renewal of visas, which often contrast with the actual opportunities for academic success. The contribution focus on uncovering the contradictions between the theoretical expansion of the right to education for students from third countries and the concrete exercise of legal protections within the national context. The goal is to bring the concept of «migration risk» up to date, testing it against the practical realities of pre-enrolment and admission procedures for students from non-EU countries. The outcomes include the development of a constitutionally informed interpretation of the topic, balancing the right to education, university autonomy, and national sovereignty in the management of migration control.