Abstract: The needful role of the judge in the recognition of international protection, in Italy
and France – The aim of the essay is to underline the role of the judge in the field of the
international protection for the asylum seekers in Italy and France, given the absence of a clear
and unambiguous definition of the notion of refugee as well as of solid evidence within the
affairs. For that purpose, after a general overview of the legal framework, it dwells on the active
role of the judges in the national procedures for the recognition of the protection, then shortly
analysing the case of asylum claims based on persecution because of sexual orientation
