La designazione dei Paesi sicuri tra legislatore e giudice, alla luce di Alace e Canpelli, e i suoi riflessi sull’identità costituzionale

Abstract

The safe country designation between legislators and judges, in light of Alace and Canpelli case, and its implications for constitutional identity – The paper provides a detailed analysis of the recent decision of the Court of Justice in the Alace and Canpelli case, examining its contradictions and the aspects that are of greatest interest to scholars of Italian constitutional law. After analysing the decision, it focuses on how the decision in question impacts the balance between legislation and jurisdiction, as prescribed by the Italian constitution, and how the approach used by the European judge shows little respect for the constitutional identity of member countries (in particular Italy).

Keywords: Common European asylum system; European Court of Justice; Right of asylum; Migration law; Safe third countries