Recently, an important legislative change has emerged regarding the validation procedures for the detention of migrants seeking international protection. According to an amendment proposed by the rapporteur Sara Kelany, a member of Fratelli d’Italia, the jurisdiction for these proceedings will pass from the specialized section on immigration matters of the Tribunal to the Court of Appeal, which will operate as a single judge.
With the regulatory change, the Court of Appeal will now be responsible for validating the decisions of the Questore on the detention or extension of detention of foreigners. This represents a significant change in the Italian judicial system, as previously such matters were handled by first-instance courts. The new structure aims to streamline the process and ensure greater efficiency in the processing of protection requests.
The amendment specifies that the Court of Appeal will be responsible for examining cases related to detention, while the Tribunal will continue to handle disputes relating to the appeal of decisions for failure to recognise the conditions for special protection.
The Flussi decree, currently under consideration by the Constitutional Affairs and Justice Committees of the Chamber, could have a significant impact on the management of asylum requests in Italy. This reform is part of a broader context of reorganization of the judicial system and Italy’s approach to immigration. With the increase in applications for international protection, it is essential that Italian institutions adapt quickly to new challenges. The proposed change could lead to greater uniformity in judicial decisions and contribute to a more effective management of available legal resources. Looking ahead, it will be crucial to monitor how these changes will impact not only the Italian legal system but also the lives of migrants seeking refuge in the country.
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