Italian judges overturned detention orders for seven migrants sent to Albania, blocking Italy’s outsourcing plan for the second time. The ruling sparks further tensions between the judiciary and government.
A court in Rome has suspended the approval of detention orders for seven migrants who were relocated last week to a repatriation centre in Albania established by Italy.
Monday’s ruling has blocked the Italian government’s efforts for the second time to implement its plan to outsource the reception and repatriation of migrants, as part of an agreement signed with Tirana last year.
The seven asylum seekers are from Egypt and Bangladesh, the two countries at the center of an ongoing dispute between the judiciary and the government.
The conflict began when the government appealed a similar decision from last month to the Court of Cassation, which is expected to rule on the case in December.
However, according to the law, European law takes precedence over national law in case of conflict. As a result, the seven migrants will be transferred back to Italy and released, similar to the first group of migrants who returned last month, while awaiting a ruling from the European Court of Justice (ECJ).
Meanwhile, the government introduced a new decree in late October, updating the list of “safe countries” to bypass legal obstacles posed by EU law.
‘It’s a matter of applying the EU law’
The judges upheld their previous decision, saying that the “accelerated” border procedure used to reject asylum applications only applies to non-vulnerable individuals from countries considered “safe.”
They ruled that Bangladesh and Egypt do not meet these criteria, based on a recent ECJ ruling that a country must be safe in all its regions and for all of its citizens to be deemed “safe.”
Luciana Sangiovanni, the president of the Chamber of the Court, explained that while respecting national lawmakers’ powers, judges are obligated to ensure the correct application of EU law, which takes precedence over national laws that conflict with it.
She also noted that the exclusion of a country from the “safe” list does not prevent the repatriation of migrants whose asylum claims were overturned, but rejected the idea of automatic repatriation to certain countries, as proposed by the government.
The court’s ruling is a suspension, not a final decision, pending the ECJ’s judgment.
Tensions between judiciary and government escalate
The ruling has sparked further tensions between the judiciary and the government, with some politicians accusing judges of being politicised.
Judge Silvia Albano, of the Court of Rome, expressed frustration, saying she had been targeted by a campaign of personal attacks fuelled by some media and politicians, including Prime Minister Giorgia Meloni. She also faced death threats after the decision regarding the detention of twelve migrants in October.
Albano critisized what she calls “the government’s attempts to undermine the judiciary”, stressing that judges must uphold the Constitution and legal rights, even if it means opposing government policies.
On the other hand, Deputy Prime Minister Matteo Salvini criticised the ruling, calling it another “political decision” that undermines Italy’s security. He accused judges of sabotaging the government’s laws.
Meanwhile, Justice Minister Carlo Nordio called for greater dialogue with the judiciary and a reduction in political criticism of court decisions.
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