This article examines the crisis of the rule of law in the European context, with particular focus on its impact on asylum procedures. Drawing on the 2025 Liberties Rule of Law Report and key international sources, the study analyses the progressive deterioration of rule of law principles across several EU Member States, with specific attention to Italy. The analysis then extends to the EU dimension, examining the shortcomings of the new Pact on Migration and Asylum, particularly regarding the safe country of origin concept and the establishment of return hubs, which reveal a troubling double standard between the formal assertion of fundamental values and their practical implementation. The article further assesses the role of the European Court of Human Rights — whose recent case law appears less protective than its earlier approach — and that of the Court of Justice of the European Union, whose jurisprudence on international protection provides meaningful interpretive guidance for more effective protection of the fundamental rights of migrants and asylum seekers.

RULE OF LAW, CONTROLLO DEI FLUSSI MIGRATORI E PROTEZIONE INTERNAZIONALE.

S. TONOLO
2026

Abstract

This article examines the crisis of the rule of law in the European context, with particular focus on its impact on asylum procedures. Drawing on the 2025 Liberties Rule of Law Report and key international sources, the study analyses the progressive deterioration of rule of law principles across several EU Member States, with specific attention to Italy. The analysis then extends to the EU dimension, examining the shortcomings of the new Pact on Migration and Asylum, particularly regarding the safe country of origin concept and the establishment of return hubs, which reveal a troubling double standard between the formal assertion of fundamental values and their practical implementation. The article further assesses the role of the European Court of Human Rights — whose recent case law appears less protective than its earlier approach — and that of the Court of Justice of the European Union, whose jurisprudence on international protection provides meaningful interpretive guidance for more effective protection of the fundamental rights of migrants and asylum seekers.
2026
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11577/3605698
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