FLASH
Shkruar nga PamfletiThe Italian Supreme Court expresses reservations about the "Albania" operation, which according to it is not in line with the rules and guarantees of fundamental rights that Europe has established.
The Court of Cassation changes its mind about Albania's decree and puts the Italian government in trouble.
For the reception center in Gjadra and for the entire structure of the operation based on the Rome-Tirana agreement, the judges of the Supreme Court request that it be the European Court of Justice that decides, thus making an almost complete turn compared to what was determined by decision no. 17150 of last May 8. This is the meaning of the preliminary question sent yesterday, in the form of two requests, to the judges of Luxembourg. And it is the first time that those platoons are asked to verify the compatibility of an asylum system outside the borders of the EU territory with Union law.
The Italian Supreme Court expresses reservations about whether the “Albania” operation, through which the structure in Gjadra is considered the same as the Italian Repatriation Centers, is or is not in accordance with the rules and guarantees of fundamental rights that Europe has established. The full reasoning of the Cassation will be filed in the coming days, but in the meantime it is a weighty decision, which risks creating divisions even within the Italian judiciary itself. Moreover, until this impasse is resolved, it is unlikely that the courts and other instances will approve the confinement of immigrants in Albanian structures.
But what was the Cassation supposed to say?
The two latest decisions issued by the First Criminal Section (with presiding judge Giuseppe De Marzo and rapporteurs Daniele Cappuccio and Carmine Russo) relate to the appeals of the Ministry of the Interior in two cases of immigrants for whom the Court of Appeal in Rome had decided not to approve their detention: the two people were being held in detention in Albania and had submitted a request for international protection. A recourse that thus fell on deaf ears.
The Court of Cassation freezes everything and submits two fundamental questions to the Court of Justice of the EU: Do the agreements between Rome and Tirana really respect European directives? And do they protect the rights of asylum seekers? The first question deals precisely with the compatibility with Union law of a provision included in the law ratifying the protocol between Italy and Albania (law no. 14 of 2024), which provides for detention without "predetermined prospects" for repatriation — which would be contrary to Directive 2008/115. The second question aims to verify whether the fundamental principle of the right to remain in the territory of the state where protection is sought (linked to Article 9 of the Qualifications Directive) is respected. But the problem is that Albania is not a territory of the Italian state./ La Repubblica
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