Accesso alle procedure di protezione internazionale e tutela delle esigenze umanitarie: la discrezionalità in capo agli Stati membri non viene intaccata dal Nuovo Patto sulla migrazione e l’asilo

Abstract

The present paper, also thanks to the reference to the relevant case law of the European supranational Courts, aims to analyse the provisions and instruments of EU law that, on the one hand, could facilitate the access to the international protection procedures and, on the other hand, could promote the opening of legal pathways for the admission to the EU for the purposes of the recognition of the status of refugee. This is aimed at verifying whether the New Pact on Migration and Asylum has brought significant innovations in this regard or whether the framework has remained essentially unchanged, leaving it largely to the discretion of Member States to activate those instruments that would facilitate the reception of asylum seekers.