La Corte di giustizia UE afferma l’irrevocabilità della qualità di rifugiato e il carattere assoluto del divieto di respingimento. Quali indicazioni per il giudice nazionale?

Abstract

In a recent judgement of May 14, 2019 the EU Court of Justice ruled that Article 14, paragraphs 4 to 6, of Directive 2011/95/EU, concerning the hypothesis of “[r]evocation of, ending of or refusal to renew refugee status”, does not contain provisions in contrast with articles 78, paragraph 1, of the TFEU and 18 of the Charter of fundamental rights of the European Union. The Court clearly recognized the nature of inalienable right to the refugee quality enjoyed by a citizen of a third country or by a stateless person who meets the requirements established by the Geneva Convention. On a different level, but with respect to a similar question, the Italian Supreme Court is called to rule on the application of the decreelaw 4 October 2018, n. 113, for the part in which it has established the repeal of humanitarian protection and its replacement with a different legal regime that allows the release of the residence permit only in special cases, to the applications submitted before its entry into force, but not yet defined. This paper, starting from the assessment made by the EU Court of Justice in the aforementioned ruling, is aimed to examine the contents of the power attributed to the national legislator to regulate the legal protection of foreigners, taking position on the open debate around the nature of full personal right of the repealed humanitarian protection and the limits of ex post facto application of the ius superveniens.