L'accesso alla protezione internazionale fra ordinamento dell'Unione europea e sistemi giuridici nazionali

Access to international protection is one of the main problems of European Union asylum system. Indeed, in default of legal guarantees on access to the asylum determination procedure, the provision of high standards of protection is nonsense. The research aims to examine how migration flows controls and procedural rules affect access to international protection. The field of the survey is based on two different subjects. The first subject concerns the problem of access to the asylum determination procedure. The research analyses normative and procedural barriers that prevent the examination of asylum claims, in particular “safe country” notions. Concerning this topic, the survey underlines the need of a deep reform of the 2005/85/CE directive on procedures. 1 Moreover, the research focus on the impact of the Dublin II regulation on access to the asylum determination procedure. Dublin regulation application produce many problems, some of which involve the role of human rights protection in access to asylum. The research highlights the necessity of going beyond the Dublin system, through a radical reform of the regulation that combine asylum seekers needs and wishes with the principle of burden sharing among E.U. member States. The second subject of the research concerns the problem of entry of people in need of protection into European Union territory. Since the presence of asylum seekers is a necessary condition for the submission of protection claims, this topic is evidently decisive Given that migrants move in mixed flows, immigration controls can obstruct the entry of asylum seekers if they aren't protection sensitive. The research focus on the actions having a deeper influence on access to protection, in particular the measures arising from cooperation with the countries of origin or transit of immigrants. The survey analyse E.U. and national policies: at the internal level the research is based on a comparison between Italian and Spanish system, two countries that, since their geographical location, have similar needs and experiences.