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COMMENTS ON THE PAST TEN YEARS OF ITALIAN JURISPRUDENCE ON THE RIGHT OF ASYLUM

COMMENTS ON THE PAST TEN YEARS OF ITALIAN JURISPRUDENCE ON THE RIGHT OF ASYLUM Comments COMMENTS ON THE PAST TEN YEARS OF ITALIAN JURISPRUDENCE ON THE RIGHT OF ASYLUM BRuno n as Cim Bene The treatment of migrants and the right of asylum are matters which have re- ceived and continue to receive great attention from Italian courts. Furthermore, scholars – in particular constitutional law scholars – are showing an increasing in- terest in these issues: suffice it to mention the last congress of the Italian Association of constitutional law (October 2009), which was devoted to the status of foreigners and asylum. 1. The identification of the applicable law and the interpretation of the pur - pose of relevant legal provisions are not always easy and comfortable tasks, and Lenzerini has underlined this difficulty. He has also spoken about the failure to en - act a comprehensive legal text implementing Article 10, paragraph 3, of the Italian Constitution, sixty-three years after its entry into force. The right of asylum, in short, is still not regulated by an organic law. The first issue I would like to raise is the following. Can the law which has im - plemented the 1951 Geneva Convention relating to the Status of Refugees (Geneva Convention), and the norms http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

COMMENTS ON THE PAST TEN YEARS OF ITALIAN JURISPRUDENCE ON THE RIGHT OF ASYLUM

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/22116133-90000126
Publisher site
See Article on Publisher Site

Abstract

Comments COMMENTS ON THE PAST TEN YEARS OF ITALIAN JURISPRUDENCE ON THE RIGHT OF ASYLUM BRuno n as Cim Bene The treatment of migrants and the right of asylum are matters which have re- ceived and continue to receive great attention from Italian courts. Furthermore, scholars – in particular constitutional law scholars – are showing an increasing in- terest in these issues: suffice it to mention the last congress of the Italian Association of constitutional law (October 2009), which was devoted to the status of foreigners and asylum. 1. The identification of the applicable law and the interpretation of the pur - pose of relevant legal provisions are not always easy and comfortable tasks, and Lenzerini has underlined this difficulty. He has also spoken about the failure to en - act a comprehensive legal text implementing Article 10, paragraph 3, of the Italian Constitution, sixty-three years after its entry into force. The right of asylum, in short, is still not regulated by an organic law. The first issue I would like to raise is the following. Can the law which has im - plemented the 1951 Geneva Convention relating to the Status of Refugees (Geneva Convention), and the norms

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2009

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