FLASH
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The seven migrants will have to be returned and released to Italy pending the decision of the European Court of Justice.
The immigration section of the Rome court has referred to the European Court of Justice the issue of immigrants sent to the center of Gjadri in Albania, suspending the measure of the validity of the detention.
The decision concerns the seven immigrants, Egyptian and Bangladeshi, who are already inside the Italian repatriation detention center a few kilometers from Tirana. The immigration section of the Court of Rome made the decision this afternoon. The seven migrants will have to be returned and released to Italy pending the decision of the European Court of Justice.
As had already happened in the previous case of immigrants from the Catania court, the Rome judges also referred the case to the EU court of justice with the argument that: "it is necessary to determine whether what is determined by the last Italian decree on so -called "safe havens" (allowing for an automatic deportation process) is in line with the ruling of the Union judges, according to which each individual migrant's claim must be assessed on a case-by-case basis. Today's provision itself speaks of " doubtful compatibility" of Italian law with that of the Union.
To clarify the decision, destined to further reignite the clash between the majority and the judiciary, the Rome court issued a notice clarifying its decision.
"It should be noted that the criteria for defining a country as a safe country 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 is incompatible, as provided by the Italian Constitution. It should be clear that the determination of the 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" , states the Court's clarification of Rome, reports " Corriere Della Sera" .
Once again the reception centers requested by the Meloni government in Albania are being emptied based on a protocol between Rome and Tirana. A few weeks ago it was the turn of 12 migrants who would first cross the Adriatic to arrive at the Gjadri camps and then a few hours later cross the Adriatic again to return to Italy, based on the court's decision.
The same scheme was repeated today with the 7 immigrants accommodated in Gjadër. According to the information, it is learned that the return of the seven to Italy will take place in the following hours with a Navy ship that lands in Brindizi./ Pamphlet
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