La protezione dei richiedenti asilo e l'applicazione del diritto a un rimedio effettivo e del diritto all'audizione

This paper deals with the issue of the protection of asylum seekers and the application of the right to an effective remedy in light of international, European and domestic legal framework. In particular, it focuses on this right, not only as an instrument to guarantee the effectiveness of other rights but as a fundamental right in itself, interpreted (among others) as the right to be heard. The international and European regulatory framework on this issue has undergone a significant evolution over time, facilitated in turn by the case-law of the Court of Justice of European Union and the European Court of Human Rights, which have contributed to affirm the right to effective judicial protection as an international human right. After the CJEU judgment in the case of Moussa Sacko v. Commissione Territoriale per il riconoscimento della protezione internazionale di Milano of 26 July 2017, the debate on the interpretation of the right to an effective remedy and the role of national judges in the proceedings for international protection has become more acute. In this respect, special attention is also devoted to the Italian legal framework. Moreover, this system is in itself only one stage of a still evolving framework. In this regard, the European Commission has initiated, in 2016, a reform process that is yet to be completed.