In the essay we examine three issues concerning the Right of Asylum: its nature, referred to the evolution over the centuries; its rule among internal law, Human Rights, and International Public Law; its function in the international conventions – specifically those which were enacted by the European Council – and in the European Union. Given that the asylum is not a perfect right, but only an interest lawfully sheltered, the impracticality of an absolute protection against the State shows that Human Rights are not suitable for overcoming on the failure of the modern political rationalism, as confirmed by the difficulties of the European law, which remains obviously prisoner of the principle of sovereignty. Considering instead the aspect genuinely political of the human being – in a classic sense – we can likely focus on the theoretical perspective of the Right of Asylum grounded on the concept of personal dignity, which is equally given to hosts and guests.

Rezension des Sammelwerks “Das Asylrecht in Europa: Probleme und Perspektiven” (il diritto di asilo in Europa: problemi e prospettive) tradotto a cura di Sabine Trevisani

COSTANTINI, Federico
2010

Abstract

In the essay we examine three issues concerning the Right of Asylum: its nature, referred to the evolution over the centuries; its rule among internal law, Human Rights, and International Public Law; its function in the international conventions – specifically those which were enacted by the European Council – and in the European Union. Given that the asylum is not a perfect right, but only an interest lawfully sheltered, the impracticality of an absolute protection against the State shows that Human Rights are not suitable for overcoming on the failure of the modern political rationalism, as confirmed by the difficulties of the European law, which remains obviously prisoner of the principle of sovereignty. Considering instead the aspect genuinely political of the human being – in a classic sense – we can likely focus on the theoretical perspective of the Right of Asylum grounded on the concept of personal dignity, which is equally given to hosts and guests.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11390/864709
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