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Home » Archive » The Right Of Asylum After The “Security Decree”. The Abolition Of Humanitarian Protection

Cecilia Corsi
The Right Of Asylum After The “Security Decree”. The Abolition Of Humanitarian Protection
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This essay intends to focus on the effects produced on the right of asylum by the reform approved with Decree-Law no. 113 of 4 October, converted, with amendments, into Law no. 132 of 1 December 2018: in particular, the essay concentrates on the consequences resulting from the abolition of humanitarian protection. After an initial reconstruction of the difficulties tied to the implementation of Article 10, paragraph 3 of the Italian Constitution, and an overview, also in the light of European Union legislation, of the residence permit for humanitarian protection provided for in the law of 1998, broad emphasis is laid on the evolution of case law in this area. Over the years, in fact, a fundamental role has undoubtedly been played by ordinary courts, which have lent concrete substance to this form of protection. Finally, the essay addresses all the critical issues raised by the abolition of humanitarian protection and the possible unconstitutionality of the reform, also taking into account that the “special temporary residence permits on humanitarian grounds” do not by any means fill the gap caused by the so-called Security Decree.

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