Protezione internazionale e giudizio di legittimità: una specialità nella specialità?

The essay deals with the delicate interpretative profiles related to the formulation of art. 35bis, par. 13, d.lgs. 25/2008 as amended in 2017, which, according to the interpretation of the United Sections, in the matter of international protection would change the formal requirements for the access to the Supreme Court in a more restrictive manner than the already contemplated for the issue of the special power of attorney by art. 365 c.p.c. The Third Section of the Court of Cassation referred the question to the Constitutional Court, disputing the constitutional legitimacy of the contemporary interpretation that would infringe the fundamental rights of asylum seekers. The essay tries to highlight the aporias of an interpretation of the United Sections which seems to prefer the (formalistic) values of an efficiency of the process and deflation of the dispute over effective protection.