1. Refugee Protection Regimes: Italy Country Report
- Author
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Renato Ibrido and Andrea Terlizzi
- Subjects
16. Peace & justice ,10. No inequality ,Refugee protection regimes, international protection, Italy asylum policy, migration governance - Abstract
The report explores the impact of the recent migration flows on the asylum and internationalprotection regimes in Italy during the years 2011-2017 and also seeks to identify some best practices and policy recommendations. Through empirical evidence, statistics, expertinterviews, discourse analysis and an overview of academic literature, the report examinesthe response of the Italian authorities to the growing number of applications for internationalprotection (and therefore, the consequent growth of a strong anti-immigrant narrative).In particular, when comparing the legal framework and its effective implementation, the reportstresses the existence of 3 different dimensions of the concept of protection in the Italianexperience: - the constitutional dimension: at the top of the Italian system of the sources of law, Art.10, par. 3 of the Italian Constitution recognizes the right of asylum for every foreignerwho, in his/her country, is denied the effective exercise of the democratic freedomsestablished by the Constitution itself; - the international and supranational dimension: for the purpose of implementing theGeneva Convention of 1951 as well as EU Law (inter alia, Art. 18 of the Charter ofFundamental Rights and Directive 2004/83/EC), Italian legislation introduced 2 formsof international protection: refugee and subsidiary protection (in particular, LegislativeDecrees nos. 251/2007 and 142/2015); - the domestic legislative dimension: in addition to the types of protection deriving frominternational and supranational law, domestic legislation has introduced some specificforms of protection, and in particular humanitarian protection (Art. 5 of the ConsolidatedAct of provisions concerning immigration introduced humanitarian protection). In 2018,Decree-Law no. 113/2018 abolished the humanitarian protection. Currently, the art. 20of the Consolidated Act identifies 7 cases in which a national temporary permit to staycould be issued for specific reasons.