FLASH
Shkruar nga PamfletiThe Italian government led by Giorgia Meloni is pushing Brussels for a new pact on migrants, after the EU Court of Justice struck down the pact with Albanian counterpart Edi Rama.
The European Commission supports Italy's pressure and is ready to accelerate the implementation of the new Pact on Asylum and Migration as well as the regulation on repatriations.
Following the decision of the EU Court of Justice that overturned the Italian interpretation of the norms on which the Italy-Albania protocol is based, Europe is trying to take measures to defend the reform of asylum procedures and to accelerate repatriations, issues that are not only in the interest of Giorgia Meloni.
Therefore, a Commission spokesperson has announced that "in April this year, the Commission had already proposed to accelerate this possibility. We encourage Parliament and the Council to move forward as soon as possible with this proposal."
The adaptation in all EU countries of accelerated border procedures for migrants coming from countries considered safe, with an option (but not an obligation) to keep them in special centers to be built in border areas, a stricter definition of the concept of "safe country" and a common European list (which currently includes only seven countries, including Egypt and Bangladesh which are of great interest to Italy), to which each country can add other countries, these are the pillars of the reform that, if implemented earlier than the entry into force planned for June 2026, should speed up the examination of asylum applications and facilitate repatriations for those who are not eligible.
An acceleration on which the Meloni government is counting on to finally get out of the deadlock of centers in Albania.
Although legal doubts about the implementation of the new rules in the Gjadri pilot experiment remain and are not few. First of all, because the Pact foresees that centers for expedited procedures be at the border and in European territory, and Albania is not one of them.
And also because the new rules do not fully resolve the conundrum of the definition of "safe country", about which even yesterday Foreign Minister Antonio Tajani expressed reservations with the decision of the European Court of Justice: "How can a judge know whether a country is safe or not? This is a job that we do through embassies, consulates. It is a careful job. It is not that a judge, in a day, can decide whether a country is safe."
The answer lies in the text of the new regulation: “The sources of information on which this determination is based must be accessible both to the asylum seeker and to the national judge”. Which in practice means: the EU, in its common list of countries, and any state that wishes to add other countries, must publish the sources of information on which it bases its assessment that the migrant’s country of origin is safe. And if there are any territories or categories of persons at risk, they must be clearly identified so that they are immediately excluded from the application of accelerated border procedures. The verification will always be done by judges.
There are also differences in the duration and manner of implementation of these procedures compared to those envisaged for the centers in Albania: the detention of migrants is envisaged "only as a last resort" and the procedure has a maximum duration of three months, much longer than the 28 days that Italy envisages for repatriation to safe countries./ La Repubblica
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