A Rome court ordered on Friday that the first group of twelve men be able to continue the journey to Italy and not be detained in Italian camps in Albania. By court order, seven Bangladeshi men and five Egyptians were transferred from the Shengjin camp across the Adriatic Sea to the southern Italian port city of Bari on board an Italian Coast Guard ship on Saturday.
Their fate will now be decided on Italian soil. The court justified its decision by saying that Egypt and Bangladesh are not safe countries. This means that the new warehouses in Albania will be empty again after a few days.
In disagreement with the judiciary
Meloni's right-wing government announced that it would appeal the ruling to the highest Italian court if necessary. The Prime Minister also called her cabinet to a special meeting on Monday. The leader of the right-wing Fratelli d'Italia (Brothers of Italy) party said: “I do not believe that it is up to the judiciary to determine which countries are safe, but rather the government's task.”
Because of its hardline stance in dealing with refugees, the government is already at odds with the judiciary. This is now becoming more intense. Justice Minister Carlo Nordio spoke of an “unnatural ruling.” Deputy Prime Minister Matteo Salvini said: “Who will bear the consequences if one of the Twelve rapes someone?”
Italy is a leader for right-wing governments
Italy is the first EU country to decide on asylum applications outside the EU. The project is being closely followed by all other EU countries. Other right-wing governments in Europe in particular are considering following Meloni's model. If the decision of the court in Rome, which is based on the ruling of the European Court of Justice, stands, it will be a serious blow to them.
According to a report by the daily newspaper La Repubblica, Meloni plans to have the list of safe indigenous countries in the future determined at the government headquarters – meaning that she will be directly responsible for it. The Ministry of Foreign Affairs is currently responsible for this.
Lists are determined by country within the European Union. There is no common European list. In Italy, this has so far included 21 countries. Now Nigeria, Cameroon and Colombia have been excluded from it, but Egypt and Bangladesh are still members. The list should be updated regularly. It is controversial among experts whether the decree is sufficient to address the concerns of the judiciary.
The ruling of the European Court of Justice contradicts Rome
The decision of Romanian judges against detention of migrants in Albania is based on a ruling by the European Court of Justice issued at the beginning of October. This stipulates that an EU member state can only define a third country as a safe country of origin in asylum law if the conditions for this are met throughout the country's territory, according to the European Court of Justice. Based on this definition, camps in Albania can only accept migrants from a small number of countries.
Meloni took office after promising to significantly reduce the large number of people fleeing to Italy via the Mediterranean each year. In fact, the numbers are much lower for the first time: 55,000 new arrivals have been registered since the beginning of January. A year ago there were more than 140,000 by mid-October. In the Albanian camps, which only became operational after months of delay, applications will be examined in a fast-track process: those who qualify can continue the journey to Italy. Everyone should come back.
The opposition believes that “shame” is worth millions
The court's decision in Rome now raises serious questions about the basis of the entire plan, on which the government plans to spend more than $600 million over five years. The Italian left has already declared the project a failure. Opposition leader Elie Schlein spoke of a “disgrace” worth 800 million euros. The Social Democrats estimate the total cost of the camps at this amount.
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