On October 21, the Italian government, led by Prime Minister Giorgia Meloni, approved a new decree aimed at redefining the list of safe countries for migrants. This decision comes in response to recent judicial challenges regarding the detention of asylum seekers in Albania, highlighting ongoing tensions between the government and the judiciary over immigration policies.
Key Takeaways
- The list of safe countries has been reduced from 22 to 19, removing Cameroon, Colombia, and Nigeria.
- The decree aims to expedite asylum procedures and align with upcoming European regulations.
- The government asserts that it has the authority to define safe countries, countering judicial interpretations.
Background of the Decree
The decree was introduced following a ruling by the Rome court that did not validate the detention of twelve asylum seekers who were forcibly transferred to detention centers in Albania. This ruling sparked a significant institutional clash, prompting the government to assert its authority over the classification of safe countries.
Prime Minister Meloni stated, "I do not believe judges should determine which countries are safe; that is the government’s role." This sentiment reflects a broader strategy to reinforce the government’s immigration policies amid legal challenges.
Changes to the List of Safe Countries
The revised list of safe countries now includes:
- Albania
- Algeria
- Bangladesh
- Bosnia and Herzegovina
- Cape Verde
- Ivory Coast
- Egypt
- Gambia
- Georgia
- Ghana
- Kosovo
- North Macedonia
- Morocco
- Montenegro
- Peru
- Senegal
- Serbia
- Sri Lanka
- Tunisia
The removal of Cameroon, Colombia, and Nigeria from the list is significant, as these countries have documented human rights violations or ongoing conflicts, even if localized.
Government’s Justification
According to Justice Minister Carlo Nordio, the new decree aims to clarify the legal framework surrounding the classification of safe countries. He argued that the recent European Court of Justice ruling was misinterpreted by judges, asserting that it is the state’s prerogative to determine safety criteria.
Interior Minister Matteo Piantedosi emphasized that the new regulations would streamline asylum processes and are in line with the forthcoming European migration pact set to take effect in 2026. He noted that the criteria for determining a safe country would include the acceptance rate of asylum applications, with a threshold of 20%.
Legal and Political Implications
Legal experts have raised concerns about the decree’s compatibility with European law, which prioritizes human rights considerations. Gianfranco Schiavone, a legal scholar, pointed out that judges are obligated to disapply national laws that conflict with European directives. He criticized the government’s approach, suggesting that it attempts to circumvent judicial oversight.
The decree has also drawn criticism from opposition parties and human rights advocates, who argue that it undermines the rights of asylum seekers. The Italian Bishops’ Conference has voiced its opposition, emphasizing the need for compassion and dignity in handling migration issues.
Conclusion
The Meloni government’s new decree on safe countries marks a pivotal moment in Italy’s immigration policy, reflecting ongoing tensions between the executive and judicial branches. As the government seeks to enforce its definitions of safety, the implications for asylum seekers and the legal landscape remain uncertain. The upcoming months will be crucial in determining how these changes will be implemented and challenged in courts.
Sources
- Cosa prevede il nuovo decreto sui paesi sicuri voluto dal governo Meloni – Annalisa Camilli – Internazionale, Internazionale.
- Migranti, il Consiglio del Ministri approva il decreto legge sui "Paesi sicuri", RaiNews.
- Centri per migranti in Albania: varato un decreto legge – AgenSIR, SIR – Servizio Informazione Religiosa.
- Meloni responde al revés de la justicia con un decreto para forzar nuevas deportaciones de migrantes a Albania | Internacional | EL PAÍS, EL PAÍS.
- Il Cdm approva il decreto legge su migranti e paesi sicuri: la conferenza stampa | Il Foglio, Il Foglio.
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