Migranti ambientali e permesso di soggiorno per calamità: profili di diritto sostanziale e processuale

The article explores the residence permit recognized by art. 20 bis of the Legislative-Decree n. 286/1998, specifically introduced for individual requests of protection by environmental migrants. This rule, entered into force in 2018 that has already been amended twice, presents several critical issues. First of all, it does not allow certain categories of environmental migrants to be protected in our legal system; furthermore, this residence permit determines the precariousness of the foreigner’s legal position where, on the other hand, it is issued. Moreover, this residence permit seems to be at the crossroads between regulations that respond to different needs, a circumstance that concretely also determines a complexity and some contradictions that will be highlighted.