Research project “Protection Rights” published

The research carried out on “Protection Rights” is a large study on the state of the asylum system in Italy. The project was made possible thanks to financing from European Funds for Refugees 2008-2013 (in 2009, action 2.1). The project was carried out by ASGI (Association for Judicial Studies on Immigration) in collaboration with A.I.C.C.R.E (Associazione Italiana per il Consiglio dei Comuni e Regioni d’Europa: Italian Association for Local and Regional Councils of Europe), Caritas Italiana, Communitas Onlus, Ce.S.Pi. (Centro Studi politiche internazionali: Centre for International Political Studies).

The research involved working on and analysing the crossover of large amounts of national and regional data, as well as interviewing over 300 participants from relevant institutions and associations. Its aim was to go some way to bridge the gap between studies already carried out on asylum rights and asylum in our country, which does not yet benefit from adequate scientific and institutional attention. The multidisciplinary nature of the research team enabled the combination of both a legal approach, which included a judicial analysis of European and national legislation plus applied standard procedure and prevalent jurisprudence, with a sociological approach. This gave the objective of identifying the many problems that exist with the procedure for examining asylum applications and the system of reception for asylum seekers and those who have been granted international and humanitarian protection. It also provided a snapshot of the current overall state of the asylum system. The research took as its time frame, the period between 2008 (beginning with the new material on reception introduced by legislative decrees 25/08 and 159/08) until the end of 2010. This period was focussed on as it enabled a picture to be traced of the totality of the Italian asylum system during a period in which it evolved significantly. On the other hand, the series of events which came to characterise the political life of the Maghreb region in 2011 had such an effect on our country that it would have been inescapable not to integrate them in some way into the original research plan: therefore the events of the first part of 2011 have also been incorporated into the study, including the bylaws of the Civil Protection. Additionally, the project includes a more in depth look at the Centre in Mineo. Each chapter of the research project ends with a section dedicated to legal proposals aimed at overcoming the more serious problems arising in the chapter. These reform proposals are divided into three sections which can be seen as: current legislation; corrections (amendments) to standard procedures and erroneous applications; and, proposals for the modification of the primary and regulatory norms. Of particular significance is chapter 13 (chapter 14 is its translation in English) which illustrates the principal proposals contained in the various chapters and sheds light on the proposals of recasting the European directives on reception and procedures. It also includes the Dublin Regulations II and proposes a path of reform for the asylum system in Italy, particularly that of reception, which has been subdivided into short and medium term objectives.

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