Judicial dualism and foreigner protection: the cases of Italy and France

A correct analysis of the foreigner’s condition must consider not only the tools crafted to deal with migrants and the fundamental rights granted them by the law, but it also has to consider their possibilities of protection and access to courts. Legal systems based on judicial dualism between ordinary and administrative judges, like France and Italy, may generate uncertainty, not allowing the foreigners to easily identify the authority to whom ask protection. On the one hand, the analysis of the concrete problems due to judicial dualism, existing in both countries, suggests a broader concentration of migrants claims in one jurisdiction. On the other hand, constitutional provisions and practical organizational issues put an obstacle to the unification. Therefore, the viable solution may be a simplification of the judicial protection tools and, even before, of the administrative measures to deal with foreigners, hopefully led by the European Union.