Italian Court Halts Migrant Detention Orders in Albania
A court in Rome has delivered a significant ruling by suspending the approval of detention orders for seven migrants who were recently relocated to a repatriation center in Albania, a facility established by the Italian government. This decision, made on Monday, marks the second time the Italian administration’s attempts to outsource the reception and repatriation of migrants have been blocked. This initiative was part of a controversial agreement signed with the Albanian government last year.
The seven asylum seekers in question hail from Egypt and Bangladesh, countries that have become focal points in the ongoing conflict between the Italian judiciary and the government. This situation escalated when the government filed an appeal against a similar ruling from last month to the Court of Cassation, which is expected to deliver its verdict in December.
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In accordance with existing laws, European law supersedes national legislation in cases of conflict. Consequently, the seven migrants will be sent back to Italy and released, mirroring the fate of the first group of migrants who returned last month, pending a ruling from the European Court of Justice (ECJ).
In the meantime, the Italian government has introduced a new decree in late October, revising its list of “safe countries” in an attempt to circumvent legal challenges posed by EU regulations.
‘It’s a matter of applying EU law’
The judges reaffirmed their earlier decision, emphasizing that the “accelerated” border procedure designed to expedite the rejection of asylum applications is applicable only to non-vulnerable individuals from nations deemed “safe.” They concluded that Bangladesh and Egypt do not qualify under these standards, referencing a recent ECJ ruling that stipulates a country must be safe across all its regions and for all citizens to be classified as “safe.” Luciana Sangiovanni, the president of the Chamber of the Court, articulated that while judges must respect the powers of national lawmakers, they are also bound to ensure the correct enforcement of EU law, which takes precedence over conflicting national legislation.
She clarified that the removal of a country from the “safe” list does not obstruct the repatriation of migrants whose asylum claims have been rejected, but she dismissed the proposal for automatic repatriation to specific countries as suggested by the government. It is essential to note that the court’s ruling is a suspension and not a final judgment, pending the ECJ’s forthcoming decision.
Escalating Tensions Between Judiciary and Government
This ruling has intensified existing tensions between the judiciary and the government. Some politicians have accused judges of political bias. Judge Silvia Albano of the Court of Rome expressed her profound discontent, stating that she has been the target of a campaign of personal attacks fueled by certain media outlets and politicians, including Prime Minister Giorgia Meloni. She revealed that she has even received death threats following her decision regarding the detention of twelve migrants in October.
Judge Albano criticized what she perceives as the government’s efforts to undermine judicial independence, asserting that judges have a duty to uphold the Constitution and protect legal rights, even at the cost of opposing government policies. Conversely, Deputy Prime Minister Matteo Salvini condemned the court’s ruling, labeling it another “political decision” that jeopardizes Italy’s security. He accused the judiciary of undermining the government’s legislative efforts. Meanwhile, Justice Minister Carlo Nordio has called for enhanced dialogue with the judiciary and a reduction in political criticism directed at court decisions.
