Pericolosità sociale e sopravvenienze fattuali : il tortuoso sentiero della giurisprudenza amministrativa alla ricerca della miglior tutela

The recent Italian case law developments represent a testing ground for the issues arising from the relevance attributed to supervening circumstances within administrative procedures concerning immigration matters. The interpretative solutions, while motivated, on the one hand, by the intention to ensure the broadest possible protection of the migrant’s legal position, on the other hand, risk challenging, even where neither necessary nor appropriate, legal categories that are already well established, such as those concerning the validity and effectiveness of administrative acts, as well as the powers of the administrative courts in judicial proceedings.