The issue of asylum law has gained a European dimension. The era following Schengen and Maastricht is characterized by the efforts of EU member states to harmonize asylum law. In this context, the national dimension of the asylum question appears in a different light. The establishment of Article 16a of the Basic Law and the associated regulation on safe third countries primarily stem from the perceived incompatibility of the asylum law that was in effect until 1993 with that of other contracting states, as no other country offers a similarly comprehensive guarantee of asylum. However, it has often been overlooked that other countries, such as Italy, also grant constitutionally enshrined individual rights to asylum for refugees. Building on this, this study aims to examine the actual safety of the constitutionally immediate third country, Italy, and the resulting legal implications. The comparison with Italy's asylum law is also of interest in terms of whether the tendency towards a restrictive understanding of asylum, which emerged with the amendment of the Basic Law, can also be observed in Italy.