Le dimensioni costituzionali del diritto d’asilo nel processo d’integrazione europea

Abstract

The article shows the different dimensions of the right to asylum witin EU and Italian Constitutional legal order. The Author takes into account EU Court of Justice case law and Italian Constitutional Court recent judgement (in particular Corte cost. no. 194/2019) and the interplay bewteeen EU legislation (expecially the Qualification Directive) and National Legislation on Security and Public Order (expecially the "security" law decree of 2018) to show how the Legislator tend to shape Asylum as a sovereign privilege of the State to "balance" with protection of National Security and Public Order and Courts, instead must also consider the dimension of Asylum as a right of the person (an inviolable constitutional right of the person ex art. 10 par. 3 of the Italian Constitution and a fundamental right ex art. 18 EU Charter of Fundamental rights). The article describes also the distribution of normative powers between EU, State and Regions concerning asylum and the level of effective protection to the Constitutional Right to Asylum within the Italian Legal Order.