This contribution introduces the concept of migr-education to highlight the interrelated dynamics between international student mobility and migration flows. Focusing on Italy’s implementation of Directive (EU) 2016/801, it examines how study migration intersects with migration-control policies, particularly through the assessment of “migration risk” in the issuance of study visas to applicants from third countries. The analysis explores the constitutional limits of administrative discretion, with particular regard to legality, equality, proportionality, reason-giving and effective judicial protection. It argues that understanding student mobility through the lens of migr-education makes it possible to capture the broader migratory trajectories and policy dynamics underlying educational mobility, while questioning the use of academic admission and visa procedures as instruments of migration control. The contribution ultimately calls for a balance between the facilitation of international academic mobility, migration governance and the protection of fundamental rights.

Migration for Education or Education for Migration? A Constitutional Inquiry into Italy’s Implementation of EU Directive 2016/801

Elena, Girasella
2026-01-01

Abstract

This contribution introduces the concept of migr-education to highlight the interrelated dynamics between international student mobility and migration flows. Focusing on Italy’s implementation of Directive (EU) 2016/801, it examines how study migration intersects with migration-control policies, particularly through the assessment of “migration risk” in the issuance of study visas to applicants from third countries. The analysis explores the constitutional limits of administrative discretion, with particular regard to legality, equality, proportionality, reason-giving and effective judicial protection. It argues that understanding student mobility through the lens of migr-education makes it possible to capture the broader migratory trajectories and policy dynamics underlying educational mobility, while questioning the use of academic admission and visa procedures as instruments of migration control. The contribution ultimately calls for a balance between the facilitation of international academic mobility, migration governance and the protection of fundamental rights.
2026
979-12-235-0800-8
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3363196
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