La riforma del sistema comune di asilo europeo tra principio di solidarietà e rinascita dei nazionalismi

Moving from the m the proposals for the reform of the current Common European Asylum System (CEAS) and in particular of the Dublin Regulation, the thesis analyses the concrete possibility of overcoming and modifying the current system, questioning in particular the role that Member States play and can play in this process. The focus of the research is on the difficult coexistence of two elements that seem to be fundamental at the European level: on the one hand, the principle of Art. 80 TFEU that imposes an obligation of solidarity and shared responsibility among Member States and, on the other hand, the resurgence of nationalist and restrictive policies in some European countries. Specifically, as far as the content of the thesis is concerned, chapter I analyses three general theories on asylum: the open borders thesis, which sees the right to migrate as a fundamental right; the restrictive thesis, which sees immigration control as a necessary tool to preserve national identity; and finally, a third thesis, summarised in the expression "controlled borders and open doors", which balances the regulation of flows with the protection of fundamental rights. This last thesis seems to be clearly expressed by the constitutional provisions in art. 10, paragraph 3. The second chapter, therefore, deals with the analysis of art. 10, par. 2, 3 of the Constitution, i.e. the legal condition of the foreigner in the Italian system and the constitutional right of asylum as a perfect subjective right. The third chapter deepens the analysis of the discipline of international protection by examining both the European and national contexts. The fourth chapter focuses on the crisis of the CEAS, and of the Dublin system in particular, which show their weakness and ineffectiveness especially during the refugee emergency of the 2015. In the light of the CEAS crisis, the fifth chapter analyses the projects of reform of this system, starting from the proposals of 2016 and ending with the European Pact on Immigration and Asylum of September 2020, which seem to highlight the tendency towards policies of control of the migratory phenomenon and external borders, with a compression of the fundamental rights of applicants for international protection. In conclusion, the work shows that despite the fact that there is, both at national and European level, a noble legal framework, aimed at balancing the need to manage flows and the protection of fundamental rights, in practice the policies implemented often seem to be marked by restrictive aims, aimed more at controlling flows than balancing their regulation and the right to asylum.