The migrant issue and the request for clarification from the European Court of Justice

The migrant section of the Palermo court recently made a significant decision, suspending the validation judgment of the detention of two migrants, one from Senegal and the other from Ghana. This action was taken under the Cutro decrees, which concern accelerated border procedures. The court asked the European Court of Justice to clarify whether a third country can be considered safe when there are categories of people for whom the conditions necessary for such designation, as established by European directives, are not met.

The liberation of migrants

Pending the Court’s response, the two migrants detained in Porto Empedocle (Agrigento) have been released. This is the first time that an Italian court has raised doubts about the legitimacy of the border detention procedure after the entry into force of the new list of countries considered safe, introduced by the decree law of 23 October. This regulation was adopted following a previous ruling by the Rome court, which on October 18 had ordered the release and transfer to Italy of the first 12 asylum seekers, Egyptian and Bangladeshi citizens, detained in Albania. The Roman judges had denied the validation of their detention, underlining that Albanian areas cannot be equated to safe zones for migrants.

The rulings of the Italian courts

The situation is further complicated by the recent decisions of the Catania court, which has disapplied the Italian legislation on safe countries. The magistrates have stated that such a list does not exempt the judge from the obligation to verify the compatibility with the law of the European Union. They have also highlighted serious violations of human rights in Egypt, the country of origin of the migrant. Recently, the Bologna court also appealed to the EU Court regarding the case of a Bangladeshi citizen who had requested international protection. The judge asked for clarification on what criteria should be used to identify the so-called safe countries.

A future perspective

These events highlight a growing tension between national legislation and human rights guaranteed at European level. With European institutions called upon to rule on such sensitive issues, it is essential to monitor how this situation will evolve and what repercussions it will have on future migration policies. The issue of migrants' rights continues to be a central theme in the European political and legal debate.