On the border between Italy and France, in particular between Liguria and the French Riviera, in the province of Imperia, lies the Italian municipality of Ventimiglia, with a population of about 23,000 inhabitants. This town has been known for years as one of the main Hotspot migrants from Europe. In fact, due to its location, every year thousands of migrants arriving from the Balkan and Mediterranean routes try to cross the border with Italy in Ventimiglia. France to enter the country and from there move especially towards the Northern Europe. Ventimiglia, in fact, is also known as “the western gateway to Europe” and has often been in the news due to overcrowding. migrants who are blocked at the border. This situation is more of a structural phenomenon that has been going on for years than a migratory emergency. French-Italian border and which has also led to political and diplomatic friction between the two countries.
France’s block on free movement of migrants
The French government from 2015 (and until February 2024) has suspended the freedom of movement of migrants from Italy, worsening the situation in Ventimiglia. The border between France and Italy, in fact, has been militarized, with the presence of French law enforcement which implemented rejections and entry bans, the so-called refusal of entryoften even with the use of force. In fact, according to the French Code of Entry and Residence of Foreigners and Asylum Law, the Code de l’Entrée et du Séjour des Etrangers et du Droit d’Asilelaw enforcement could reject migrants arriving at the border, even holding them in police stations, before expelling them to Italian territory. In terms of data, in 2023 it is estimated that approximately 33,000 people were rejected by the French government at the border with Ventimiglia.
In reality, the rejections with controls at the internal borders of two European Union countries are in conflict with community rules: according to theSchengen Agreement of the June 14, 1985, in fact, which saw among the first signatories precisely Belgium, France, Germany, Luxembourg and the Netherlands, a free circulation area was established – both for people and goods – called precisely “Schengen Area”, not subject to internal border controls but rather aimed at strengthening controls at the EU’s external borders.
The Court of Justice of the EU’s decision on France and migrants
In September 2023, the Court of Justice of the European Union declared illegal the pushbacks of migrants carried out by the French government at the internal border with Italy. According to the Court, in fact, irregular migrants, even if subject to EU Directive no. 115 of 2008 on the repatriation of third-country nationals who entered irregularly, must benefit from a time lapse enough to be able to leave independently the territory, while the forced rejection must be implemented only as last resort.
According to theart.11 of EU Directive n.115in fact, the decisions of repatriation must be announced in writing by initiating a formal rejection procedure. They are also accompanied by an entry ban, in the event that a period for the voluntary departure ranging from 7 to 30 daysin which the irregular migrant has time to leave the country. The French Council of State in February 2024, it accepted the ruling of the European Court of Justice which declared the forced rejections carried out at the Ventimiglia border illegitimate, declaring them contrary to both European Community legislation and international conventions. The rejections at internal borders can only be restored under exceptional conditions of emergency such as a terrorist alert or health emergency, but still for a limited period of time.
The current situation in Ventimiglia
After about nine years, therefore, it seems that systematic pushbacks by France towards Ventimiglia are decreasing. For about 60 rejections per day we have moved to an average of 10-20. The city of Ventimiglia had become such an overcrowded hotspot that it prompted the Italian Interior Minister, Matteo Piantedosi, visiting the Ligurian town, to announce the creation of a reception point to host the hundreds of migrants, especially from the point of view humanitarian. In the event that the French authorities decide to reject third-country nationals on Italian territory, Italy has 48 hours time to provide feedback on individual readmission requests and, only after an affirmative response, irregular migrants will be able to be accompanied by the French police forces to the offices of the Italian border policeVentimiglia therefore remains a focal point not only for community reception policies that lead to a rethinking of the rules regarding the relocation of migrants between member countries but also for theItaly, being, like Lampedusa, a border territory crucial for Italian migration policies.
