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From Monday the Navy ship 'Libra', will return to the station 20 miles from Lampedusa to welcome the refugees rescued in the Mediterranean waters, to do the first scan on board and to transport those who are " suitable", and coming from countries considered safe according to Italian legislation.
The decision of the Rome court determined that the "accelerated border procedure" cannot be applied to migrants coming from other countries, which are considered safe only by Italy and not by European legislation.
For the Court of Justice of the EU, no country can determine with certainty whether even a small minority of citizens are at risk and it is up to the responsible judge to distinguish case by case whether repatriation would endanger the person's life.
If Rome were to follow the criteria of the EU Court, it would have to revise its list of safe countries, excluding, for example, Tunisia, Egypt or Bangladesh, from which most asylum seekers come. This would mark the end of the "Albania project".
After an unsuccessful start in October, with a direct clash with the judicial system, a bitter political controversy and debate over the costs of the operation, the Italian government is trying again, strengthened by a proper movement.
On October 21, the Meloni Government approved a decree law that marks the improvement of its list of "safe places", which went from a secondary norm to a primary one, in order to strengthen and impose it as a priority, in the legal hierarchy, in relation to with the instructions of the European Court.
But will there be a second success? Indeed, it may not be enough to proceed without further obstacles and disputes. Last Tuesday, came the first formal act questioning the legitimacy of this decision: the Court of Bologna, examining a complaint by a thirty-year-old Bangladeshi man who was refused asylum, asked the Court of Justice of the EU to rule whether that decree should not be implemented, given that the criteria used by the government to define a country as "safe" are contrary to European law. This is to prevent the risk of a rough and standardized examination that could lead to a general increase in deportations in violation of the principle of non-refoulement, this essential principle of international law.
Meanwhile, the immigrant camps in Shengjin and the three accommodation facilities in Gjadër, the one for asylum seekers, the one for immigrants who will be repatriated and the prison, have been without "guests" for two weeks but populated by almost 300 workers: translators, cleaners, medical personnel and nurses, police officers, financial police and carabinieri. / Corriere della Sera
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