New blow for Giorgia Meloni’s government in terms of migrant detention centers in Albania. The Cassation believes that the pact drawn up with the Government of Edi Rama is not compatible with the European law and for this reason he has postponed two causes to the Court of Justice of the European Union, to leave the last word to the judges of Luxembourg.
The doubts of the judges
The reasons for the decision will be published during the day, but have been anticipated by Il Manifesto, who writes that the postponements are contained in two photocopy measures born from the appeals of the Interior Ministry against as many not validating the detention decided by the Court of Appeal of Rome.
The judges would ask two issues that concern both currently possible cases in the center of Gjader, with that of Shengjin one of the two already built: that of a migrant in situation of administrative irregularities and that of an asylum seeker who has applied for international protection from within that CPR (stay centers for repatriations).
Easier to deport migrants to third countries: how the right of asylum will change
For the first, the doubt is that the transfer from Italy to Albania contrasts with the repatriation directive. For the second, a similar suspicion concerns the reception directive. In general, the theme is that of territoriality: the first criminal section has returned to its steps by turning a previous decision in which she had equated the Gjader CPR to those found in Italy.
The openings of Europe
The question is also being discussed in Europe, with the commission that proposed a directive to go in fact in the direction traced by Italy. The community executive in March proposed to allow the creation to third countries of Hub in which to send the people who received an expulsion order, as long as these countries are considered safe.
To expel migrants, the EU wants to create centers outside Europe
Not only that, this month he also presented a proposal to modify the right of asylum, making it easier for Member States, send applicants for protection to third countries, contracting the reception charges to them. Both reforms, however, have not yet been approved by Parliament and EU Council, and therefore the old rules still apply, and on those vetes the request for clarification of the Italian judges, and those of Luxembourg will be expressed on those.
