Dell’indispensabile ruolo del giudice nel riconoscimento della protezione internazionale, in Italia e in Francia

The needful role of the judge in the recognition of international protection, in Italy and France

Abstract

The aim of the essay is to underline the role of the judge in the field of the international protection for the asylum seekers in Italy and France, given the absence of a clear and unambiguous definition of the notion of refugee as well as of solid evidence within the affairs. For that purpose, after a general overview of the legal framework, it dwells on the active role of the judges in the national procedures for the recognition of the protection, then shortly analysing the case of asylum claims based on persecution because of sexual orientation.