Abstract

The essay investigates the scope and content of the right to asylum granted by Article 10, para 3, of the Italian Constitution, in comparison to international and Eu rules governing the protection of refugees and displaced persons, and also to sub-constitutional (legislative) rules such as those granting the (no longer in force) status of «humanitarian» protection. A textual and systematic reading of the respective provisions shows that constitutional, international/Eu and legislative guarantees are only partially aligned. The comparison focuses on four aspects: beneficiaries, prerequisites, nature of the right, access to territory. On these grounds, the paper challenges the assumption shared by the judiciary that the constitutional right to asylum is fully implemented by the incorporation of Eu Law into the national system (refugee status and subsidiary protection) and the adoption of the humanitarian protection at legislative level (recently reformed). Despite the hyper-regulation affecting this field, there is still room for a direct application of Article 10.3 Italian Constitution, which might cover situations that fall out of the scope or the functioning of the parallel protection systems mentioned, especially as to the crucial issue of the effectivity of the right of asylum seekers to be granted access to territory