Capabilities and duties of citizenship and membership. The approximation of national laws in the light of the European Agenda on Migration

The European Agenda on migration (COM (2015)240) proposes to build a coherent and comprehensive approach to the challenges of migration. The Agenda proposes, on the one hand, a common approach to arrivals with EU Resettlement/Relocation systems; on the other hand, Regional Development Programmes to Promote legal high skilled migration. The European Commission adopted 40 infringement decisions against Member-States for failing to fully implement the Common European Asylum System. The Paper analyses several aporias of the European Agenda on migration approach on the approximation of the laws of the Member States, comparing the Italian, German and French legal systems. The recent extraordinary flows showed the need to define common European standards on national accommodation policies (above all on administrative confinements) and cultural and economic integration policies, to apply them both in traditional host-countries and in future host-countries after the Resettlement/Relocation systems. Criticizing the "state of exception" theories of accommodation policies, we research a common rationale physiology of the public organization of them in the common constitutional traditions about the “capabilities” and the “duties of citizenship/membership” as common basis for both personal and social rights for migrants, strengthening the territorial resilience and harmonizing “public order” and welfare Public Administrations in host regions.