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The Court of Rome states that the determination of safe states is made only by the law of the European Union, which prevails over the Italian constitution, (including the changes made a few weeks ago by the "Meloni" government.)
The Court of Rome has argued its decision for the return of 7 immigrants brought from Italy to the Gjadri camp in Albania. In the press release, the Court of Rome states that the determination of safe states is made only by the law of the European Union, which prevails over the Italian constitution (including the changes made a few weeks ago by the "Meloni" government).
It should be noted that the criteria for determining a country as a safe place of origin are determined by the law of the European Union. Therefore, without prejudice to the prerogatives of the national legislator, the judge has the duty to verify always and concretely - as in any other sector of the legal system, the correct application of Union law, which, notoriously, prevails over national law when it does not comply with that, as provided by the Italian Constitution ", the announcement states.
For this reason, the Court of Rome says, the case has been sent for reference to the Court of Justice of the European Union, to which 4 questions have been addressed to see if the detention and sending of immigrants to Albania has been done within the EU laws.
"The judges considered it necessary to refer to the Court of Justice of the European Union, formulating four questions, similar to those already ordered in recent days by two panels of the same section when they suspended the measures to reject the asylum requests of proposed by immigrant persons previously detained in Albania ", the announcement states.
Until the arrival of an interpretation from the EU court, Italy cannot legally keep the immigrants in Albania and therefore, the court explains, they must return to Italy.
" Due to the preliminary decision, the judges have not expressed themselves about the requests for validation, but must necessarily suspend the relevant decisions pending the decision of the Court of Justice ", the Court concludes its argument.
Full notice of the Court of Rome:
- Article 18 Civil/ Section on personal rights and immigration
We inform you that today the hearings were held for the examination of the requests for the validation of the detentions carried out by the Rome Police Headquarters - in implementation of the Italy-Albania Protocol after the issuance of Legislative Decree no.
The judges deemed it necessary to refer to the Court of Justice of the European Union, formulating four questions, similar to those already ordered in recent days by two panels of the same section when they suspended measures to reject proposed asylum applications from immigrant persons previously held in Albania.
The preliminary ruling was chosen as the most appropriate tool to clarify various profiles of questionable compliance with supranational regulations that emerged after the rules established by the aforementioned decree, which adopted an interpretation of European Union law and the ECJ decision of dated October 4, 2024. That decision differs from the one followed by this Court - in the framework of the national legislation that was previously in force - in the procedures of previous verification of persons brought to Albania and detained there.
This solution was preferred to a decision of autonomous confirmation by the court of its interpretation, for the reasons stated at length in the previous decisions.
It should be noted that the criteria for determining a country as a safe place of origin are determined by the law of the European Union. Therefore, without prejudice to the prerogatives of the national legislator, the judge has the duty to verify always and concretely - as in any other sector of the legal system, the correct application of Union law, which, notoriously, prevails over national law when it does not comply with that, as provided by the Italian Constitution.
It should also be clear that the determination of a safe country of origin is only relevant for identifying the procedures to be applied; the exclusion of a country from the list of safe countries of origin does not prevent the repatriation and/or deportation of the migrant whose request for asylum has been rejected or who in any case lacks the legal requirements to stay in Italy.
Due to the preliminary decision, the judges have not expressed themselves about the requests for validation, but must necessarily suspend the relevant decisions pending the decision of the Court of Justice. The suspension of the proceedings does not stop the legal deadline of forty-eight hours for the detention ordered by the Commissariat from entering into force.
Rome, November 11, 2024/ Pamphlet
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