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The aim of this study is to find, within the Italian national legislation, different legal devices of protection compared to those already provided by international and European regulations, specifying their peculiarities, limits, sources of law and their enforcement and prescriptive evolution.
There is no specific Italian law protecting the right of asylum, but the legal system in this field has been evolving during the last 20 years, reaching a greater consciousness in the last decade with Law no. 189/2002 and its following modifications, and the legislative decrees no. 251/2007 and no. 25/2008, through which a more organic asylum framework has developed, even though it still needs improvement.
The presence of legal protection statuses, complementary and not alternative to the ones introduced by the international Conventions and the European directives, is symptomatic of an evolving framework, able to interpret and adapt to reality. A normative system is more organic and complete if it develops through a well-made structure, in compliance with reality and national and international legislations, and if it proves, at the same time, to be amenable to change, transformation and additions which a field of study like the asylum one necessarily implies.
By expounding the Italian asylum framework we made use of normative sources, of the case-law and of other documents and useful studies in order to realize the most complete treatment.