L’accesso al diritto di asilo: problemi e prospettive

One third of the world Constitutions enshrines the right to asylum, three States out of four are Parties to the 1951 Refugee Convention while EU Members share a common asylum system. Nonetheless, this right s suffering a crisis of effectiveness that in the long run might undermine its legitimacy. The risk of turning this fundamental right in a droit de papier becomes dramatically real when access to asylum comes at stake. In light of the imperative challenges of the several world humanitarian crises, this appears a key issue for all the existing tools of protection for asylum seekers. The core of the question lays on the well-known ambiguity concerning the ‘right to asylum-State sovereignty’ correlation. Against this backdrop, the different types of protection available will be confronted, as to emphasize the integrative and supplementary role of the constitutional regime. Special attention will be given to the recent legislative enactments on the subject, to finally offer some prospective conclusion.