FLASH
Shkruar nga Pamfleti
The highest Italian court has strong doubts about the compatibility between the changes in the ratification law and European directives. 28 deportees have been sheltered in Gjadra…
The Court of Cassation has presented the reasons for the referral to the European Court of Justice, which effectively blocks the new phase of the Rome-Tirana agreement, the one on “irregular” migrants deported from Italy. In this way, it seems that the Court of Cassation has sunk the Meloni project with Albania.
On Friday, at the Palazzaccio, the decision was read on two unified appeals filed by the Ministry of the Interior against the invalidity of the detentions imposed by the Court of Appeal of Rome. At the center of the assessments was the position of a Tunisian and an Algerian asylum seeker, who requested protection while being held behind bars in Gjader.
With the filing of the request, the reasons were also made public. First of all, the Court of Cassation opposes the equalization of the Gjadri object with the Italian Civil Procedure Rules: although tricolor jurisdiction is applied there, it remains Albanian territory, despite what Interior Minister Matteo Piantedosi claims and what the entire government is demanding.
However, the questions raised before the EU Court, already clear from the operative part, are two. The first: does the deportation of an “irregular” migrant from Italy to Albania violate the “repatriation directive”? In fact, it is a transfer to a third country, outside the cases permitted by community legislation. The Court of Cassation wants to know whether the “declared transitory” nature of the movement creates a legitimate exception or remains contrary to the Directive.
Also, because the administrative detention is justified only for repatriation purposes, for the Albanian centers there is "no implementing regulatory provision" on how this objective should be achieved. The reason has little to do with the law: the expansion of the intended use of the centers, initially reserved for asylum seekers who have never entered Italy, is simply a clumsy attempt by the government to save the project after the rejection of the first phase. So much so that repatriations always take place, or should take place, from Fiumicino airport.
If the EU Court still considers the transfers of irregular persons to be legal, the second question raised by the Court of Cassation serves to understand what happens when these people request asylum, modifying their legal status. Because, according to the “procedures directive”, applicants must remain on the territory of the member state at least until the intervention of a magistrate.
The suspicion is that the Civil Procedure Rules of Gjadra violate the general framework of Community guarantees on asylum, which should be uniform. So far, the Rome Court of Appeal, a merits judge who may not apply national law to directly apply EU law, has released anyone who has applied for protection. On Wednesday, the latest three decisions reduced the number of detainees in Gjadra to 28.
The Court of Cassation has asked the EU Court for an urgent procedure. However, it will take months. Despite everything, Piantedosi has announced new transfers to Albania. Even if this were to happen, people would stay there long enough to feed the government's theater. / Adapted Pamphlet from Il Manifesto /
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