Responsabilità degli Stati e dell’Unione europea nella conclusione e nell’esecuzione di ‘accordi’ per il controllo extraterritoriale della migrazione

[Machine translation] States and the European Union Responsibility for the Conclusion and the Execution\r\nof Extraterritorial Migration Control ‘Agreements’\r\nThis paper focuses on tree deals considered paradigmatic of the contemporary trend of cooperative\r\nextraterritorial migration control between European Union, Member States and Third Countries:\r\nthe Memorandum of Understanding between Italy and Libya, the technical agreement between Italy\r\nand Tunisia, and the EU-Turkey Statement. These deals show the shift by both the European\r\nUnion and Member Stats, among which Italy is taken as an example, towards an informal approach\r\nderogating from national and European law rules regarding competence to conclude treaties. After\r\nthe analysis of the possible impact of such derogation on the legal nature of these deals, issues of\r\nresponsibility of Italy and European Union for internationally wrongful acts committed by third\r\ncountries in execution of cooperation agreement are addressed.