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- 📜 Why Did the Italian Court Order the Return to Italy of More Migrants From Albania?
📜 Why Did the Italian Court Order the Return to Italy of More Migrants From Albania?
+ 🗣️ Elon Musk Rebuked by the Italian Head of State; 🩺 Free Healthcare Extended to Homeless People; 🏅 Italy's National Unit and Armed Forces Day.
In Italy, there is currently heightened tension over migration policy between right-wing political leaders and the judiciary. Recent court decisions are challenging the government's approach, putting Italy’s migration strategy under scrutiny.
The latest court ruling, which ordered the return of migrants transferred to Albania and exposed a clash between Italian and EU law, has intensified the debate.
In this article, we will explore these developments from a legal perspective, and also take a look at other key highlights in Italy this week.
Table of Contents
⚖️ Migrant Policy - Clash Between Italian Law and European Law?
Here are the key legal points of what is currently going on.
🏠 Asylum Seekers
International protection is a set of fundamental rights granted by Italy (and other countries) to (1) refugees and (2) beneficiaries of subsidiary protection.
1) Refugees: people who have a well-founded fear of being persecuted in their country of origin for reasons of race, religion, nationality, political opinion, or membership of a particular social group and who are unable to receive protection from that country.
2) Beneficiaries of subsidiary protection: people who, although not refugees, are at real risk of suffering serious harm in their country of origin (such as the death penalty, torture, inhuman or degrading treatment, or threats to life from an armed conflict).
These statuses guarantee, among other rights (like free healthcare, education, and housing):
➡️ The right not to be returned to one's country of origin;
➡️ The right to reside in Italy.
When someone applies for international protection, they become an “asylum seeker”.
The right of asylum is guaranteed by the Italian Constitution in Article 10, paragraph 3:
Foreigners who, in their own country, are denied the actual exercise of the democratic freedoms guaranteed by the Italian Constitution shall have the right of asylum in the territory of the Italian Republic, in accordance with the conditions set forth by law.
🤝 Meloni's Albania Asylum Deal
In November 2023, to curb arrivals in Italy, Italian Prime Minister Giorgia Meloni, reached an agreement with Albanian Prime Minister, Edi Rama. This deal stipulated that, to prevent migrants from arriving in Italy, those meeting specific criteria could be sent to centres built on Albanian territory. It is worth noting that Albania is not part of the European Union.
These centres were constructed at Italy's expense and are subject to Italian jurisdiction, making them effectively "pieces of Italian territory" in Albania.
If a migrant (non-vulnerable and adult male) comes from a designated safe country, they should be transferred to these centres in Albania.
🌍️ Safe Countries
One of the criteria for transfer to Albania is that the migrant comes from a “safe country”. Italy has its designated list of safe countries.
In fact, according to European regulations, EU Member States (including Italy) have discretion to designate safe countries of origin. However, the criteria for such designation are strictly defined by European law, which is binding on all Member States.
⚖️ Court of Justice of the European Union, Case C-406/22
To ensure EU law is interpreted and applied consistently in every EU country, there is the Court of Justice of the European Union (CJEU).
On 4 October 2024, after a request for a preliminary ruling from a court in another Member State (i.e. the Czech Republic), the Court clarified the concept of “safe country” under EU law.
Specifically, the Court said that a country can be designated as safe if security is present throughout the country, without exceptions for parts of the territory or specific categories of people.
Preliminary rulings - National courts of EU countries are required to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the CJEU for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law.
⛔️ First Court Rejection About Migrants Sent to Albany
In mid-October 2024, the centres in Albania opened. However, on 18 October 2024, just after the first arrivals, the court in Rome ruled against the detentions of these migrants.
The reason was that, in light of the recent European ruling from the CJEU, the migrants were from countries considered unsafe according to the CJEU criteria, specifically, Bangladesh and Egypt.
So, because they did not meet the requirement for being transferred to Albania (a safe country of origin), the court ordered that the migrants were brought back to Italy.
💪 Meloni’s Attempt to Bypass the Obstacle
Following this court rejection, Meloni called a meeting to decide the government’s response. Until then, the list of “safe countries,” which included Bangladesh and Egypt, was contained in a ministerial decree. In the Italian legal hierarchy, a ministerial decree ranks below the ordinary law.
A new decree was then issued, but this time not as a ministerial decree; instead, it was a “Decreto Legge” (decree law), n. 158 of 23 October 2024, “Urgent provisions regarding procedures for the recognition of international protection”. Bangladesh and Egypt remain on this list.
The difference from the previous decree is that this time the legal act, although technically not an ordinary law, has the same force of a law. It is a type of legislative act that allows the government to bypass the normal legislative process and enact laws quickly.
The power to issue “decree laws” comes from Article 77 of the Constitution of the Italian Republic:
The Government may not issue decrees having the force of ordinary law without an enabling act from the Chambers.
When, in extraordinary cases of necessity and urgency, the Government submits, on its own responsibility, provisional measures having the force of law, it must on the same day present said measures to the Chambers for conversion into law which, even if they have been dissolved, shall be expressly summoned for this purpose and shall convene within five days.
The decrees lose effect from their inception if they are not confirmed within sixty days from their publication. The Chambers may however regulate by law legal relationships arising out of not confirmed decrees.
⛔️ Second Court Rejection About Migrants Sent to Albany
After this decree, when the court in Rome was asked to confirm the detention of migrants seeking asylum from Bangladesh and Egypt, it reaffirmed its concerns, because a decree law needs to respect European Union law too.
So the validation of migrant detention was suspended once more, because the “safe country of origin” criteria was not met, and these migrants have been returned to Italy.
The judges decided to send the case to the Court of Justice of the European Union (CJEU) to clarify the compatibility of Italian law with EU law.
💥 Italian Judges Under Fire Due to Political Criticisms
The court decision is politically criticised by the Italian government, which argues that it is the government, not the judiciary, that should decide which countries are safe.
The judges responded that they are fulfilling their duty to monitor the correct application of EU law and that, in this case, they must ensure the designation of a “safe country” respects EU-established criteria.
There is an expectation that our rulings align with government action, even when it is in conflict with the law.
🗣️ Elon Musk Rebuked by the Italian Head of State for Meddling in Italian Affairs
In the ongoing debate over migration policy, Elon Musk commented on his platform “X” that “these judges need to go”. This caused a stir in Italy, where it was seen as an inappropriate interference.
The President of the Republic of Italy, Sergio Mattarella, firmly responded that Italy is capable of looking after itself and invited Musk to respect Italy’s sovereignty.
Italy is a great democratic country and, I must emphasise, is capable of looking after itself, in full respect of its Constitution. Anyone, especially if, as announced, they are about to take on an important government role in a friendly and allied country, must respect its sovereignty and cannot assume the task of giving it instructions.
🩺 Free Healthcare Extended to Homeless People
Italy has taken a significant step towards inclusivity. A new draft law, proposed by Marco Furfaro of the centre-left Democratic Party, has now received final approval.
In Italy, public healthcare is free, but accessing it requires registration with a general practitioner - a step that requires a residence address. This has left homeless individuals excluded from the national healthcare system until now, limiting their access to emergency care only.
Now, with this new legislation, those without a fixed residence can receive continuous medical care, recognising the fundamental right to healthcare for all. Well done, Italy!
The Republic protects health as a fundamental right of the individual and as an interest of the community, and it ensures free medical care to those in need.
🎖️ Italy’s National Unity and Armed Forces Day
On 11 November 1918, the First World War ended. Today, this date is honoured as Remembrance Day in Commonwealth countries and some parts of Europe, like France, and as Veterans Day in the United States.
Italy holds its main commemoration a week earlier, on 4 November, marking the date of the Armistice of Villa Giusti signed between Italy and the dissolving Austro-Hungarian Empire. The ceasefire began on this day, which is why today the 4 November is honoured as “Giornata dell'Unità Nazionale e delle Forze Armate” (National Unity and Armed Forces Day).
On 4 November, the main event is held in Rome, at the Altare della Patria, where a laurel wreath is placed at the Tomb of the Unknown Soldier (“Milite Ignoto” in Italian). This year, the wreath was placed by the President of the Republic, Sergio Mattarella, and the Minister of Defense, Guido Crosetto.
This day serves, on one hand, as a tribute to the memory of those who came before us, especially our Fallen, to whom we send our heartfelt thoughts. On the other hand, it is also a precious occasion to thank each of you who, with dedication, love, and passion, safeguard our security every day.
For a quick look at this year’s ceremony, the video below offers a brief recap, including the spectacular Frecce Tricolori air force flyover at the 1:08 minute mark, painting the sky in Italy’s colours - green, white, and red.
✨ If you have Italian ancestors whose stories deserve to be shared, preserved, and celebrated, reach out to me directly at [email protected] and I will write an article about them. I look forward to hearing from you.
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