The Italian court again orders the return of emigrants from Albania - Tensions between the judiciary and the government are escalating
A court in Rome has suspended the adoption of detention orders for seven migrants who were moved last week to a repatriation center in Albania set up by Italy. Monday's decision blocked the Italian government's efforts for a second time to implement its plan to outsource the reception and repatriation of migrants as part of an agreement signed with Tirana last year.
The seven asylum seekers are from Egypt and Bangladesh, the two countries at the center of an ongoing dispute between the judiciary and the government. The conflict began when the government appealed a similar decision last month to the Court of Cassation, which is expected to rule on the case in December.
However, by law, European law takes precedence over national law in the event of a conflict. As a result, the seven migrants will be transferred back to Italy and released, similar to the first group of migrants returned last month, while they await a decision from the European Court of Justice (ECJ).
Meanwhile, the government introduced a new decree at the end of October, updating the list of "safe havens" to circumvent legal obstacles posed by EU law. The judges upheld their earlier ruling, saying the "expedited" border procedure used to reject asylum claims only applies to non-vulnerable individuals from countries deemed "safe".
They ruled that Bangladesh and Egypt do not meet these criteria, based on a recent ECJ ruling that a country must be safe in all its regions and that all its citizens be considered "safe". Luciana Sangiovanni, the president of the Court Chamber, explained that while respecting the powers of national legislators, judges are obliged to ensure the correct application of EU law, which takes precedence over national laws that conflict with it.
She also noted that removing a country from the "safe" list does not prevent the repatriation of migrants whose asylum claims are rejected, but rejected the idea of automatic repatriation to certain countries, as proposed by the government. The court decision is a suspension, not a final decision, pending the decision of the ECJ.
The decision has fueled further tensions between the judiciary and the government, with some politicians accusing the judges of being politicized. Judge Silvia Albano, of the Rome Court, expressed her disappointment, saying she had been targeted by a campaign of personal attacks instigated by some media and politicians, including Prime Minister Giorgia Meloni. She also faced death threats after the decision to detain 12 migrants in October.
Albano criticized what she called "the government's attempts to undermine the judiciary," stressing that judges must respect the Constitution and legal rights, even if that means opposing government policies. In turn, Deputy Prime Minister Matteo Salvini criticized the decision, calling it another "political decision" that undermines Italy's security. He accused the judges of sabotaging government laws. Meanwhile, Justice Minister Carlo Nordio called for greater dialogue with the judiciary and a reduction in political criticism of court decisions.
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