The immigration section of the civil court of Rome has suspended the validation of detentions in the Albanian centre of Gjader dei migrants arrived in Albania aboard the ship Libra on Friday morning, putting everything back in the hands of the European Court of Justice. As already happened in October for the first twelve, the seven new asylum seekers will also be transferred to Italy.
The substance does not change: the three Egyptians and the four Bangladeshis have left the repatriation facility in Albania and been taken to a center for asylum seekers in Puglia. For the second time, the very expensive Albanian repatriation center will remain empty.
The list of the update Countries of origin of migrants considered “safe”, elevated to primary law after the first rejection by the judges last month, has therefore not had the effects hoped for by the government, calling into question the mechanism of accelerated repatriations. The floor now goes to the Supreme Court which on December 4th will have to decide on whether judges can act autonomously or whether they must adhere to the list of safe countries drawn up by the government.
The court note
“Due to the preliminary reference, the judges did not rule on the requests for validation – as stated in a note from the court – but they necessarily had to suspend the relevant judgments pending the decision of the Court of Justice. The suspension of proceedings does not stop the expiry of the legal term of forty-eight hours of effectiveness of the detentions ordered by the police headquarters”.
The clash between government and judiciary reignites
According to the Deputy Prime Minister Matteo Salvini this is "another political sentence against Italians and their security. The government and parliament have the right to react to protect citizens, and they will do so", said the interior minister. The other deputy prime minister also agreed, Antonio Tajani: “Unacceptable, there are magistrates who are trying to impose the line on the government,” he said. Prime Minister Giorgia Meloni, who according to rumors, was expecting the new decision from the Court, is silent.
Il Pd instead speaks of "a disgraceful figure on the part of the government, which shows that with forcing and tricks to circumvent the law you get nowhere. The only effect is to condemn exhausted people, who come to Europe to escape violence and discrimination, to new exhausting journeys and transfers. A cruel and shameful choice that is also causing enormous damage to the state budget", says the Democratic deputy Debora Serracchiani, who adds: "The Rome court has applied the law impeccably and cannot ignore European legislation". And in the Senate the group leader of Italia Viva, Enrico Borghi, asks that the Minister of the Interior report to the Senate "and explain what is happening".
For the'National Association of Magistrates the new Italian law is “incompatible with European Union law” and in case of doubt it was necessary to “raise a preliminary reference”.
Il Interior Ministry for his part he made it known that he will appear before the European Court of Justice to support their reasons but the time required to resolve the issue is expected to be long.
Elon Musk: “These Judges Need to Go”
X also intervened on the issue Elon Musk. “These judges must go” (These judges need to go) commented on a user's post reporting the news of the suspension of the validation of the detention for the seven migrants.
Immediate reply Ernesto Carbone, a lay member of the Superior Council of the Judiciary, who defines Musk's words as "dangerous": "These new oligarchs who exploit new worlds (such as space, the ether, social media and new technologies) to control world politics are a danger to democracy - writes the member of the CSM -. After an incursion into German politics, today the jurist Elon Musk enters violently criticizing a power of the State. All this is unacceptable but above all dangerous".
Criticism also comes from the majority, with Maurizio Lupi by Noi Moderati who speaks of “inappropriate” words that “fuel a clash with the judiciary that the Centre-Right does not want”.
(Last update: 12.41 am on 12 November).
