Migrants, the European Court says no to the emergency procedure: the Albania project now risks falling apart

If it is true that the judges of the immigration sections of the Italian courts need the ruling of the European Court of Justice to have the last word on the legitimacy of accelerated border procedures, now the first effect of the Luxembourg decision could be that of a temporary deferral indeterminate of the Albania project.

Cutro, a year of lies. More landings, more deaths and smugglers always free

by our correspondent Alessia Candito

February 26, 2024

The protocol signed by Giorgia Meloni and Edi Rama provides that accelerated border procedures will be applied to migrants rescued in the Mediterranean by Italian military ships, including the disputed 5,000 euro bail to await the verdict on the asylum request in freedom rather than in detention in the Albanian centers.

After the Court of Cassation had sent the matter back to the Luxembourg judges, the Ministry of the Interior requested urgent examination of the appeal. But the European Court said no. And therefore the verdict could take several months.

Cutro, one year later: divided families, nameless bodies and broken promises

by our correspondent Alessandra Ziniti

February 23, 2024

In particular, the Court of Cassation asked “whether the directive “2013/33/EU of the European Parliament and of the Council, containing rules relating to the reception of applicants for international protection”, precludes “a regulation of domestic law which contemplates as an alternative measure to the detention of the applicant (who has not submitted his passport or other equivalent document), the provision of a financial guarantee the amount of which is established as a fixed amount rather than a variable amount, without allowing any adaptation of the amount to the individual situation of the applicant, nor the possibility to establish the guarantee itself through the intervention of third parties, albeit in the context of forms of family solidarity, thus imposing methods likely to hinder the use of the alternative measure by those who do not have adequate resources, as well as precluding the adoption of a reasoned decision which examines and evaluates on a case-by-case basis the reasonableness and proportionality of such a measure in relation to the applicant’s situation”. Why did the notification take so long compared to the decision which dates back to February 26th? Because the documents were sent by registered mail.

Cutro, one year later: divided families, nameless bodies and broken promises

by our correspondent Alessandra Ziniti

February 23, 2024

So times are getting longer. “For the Court of Justice it is therefore not a question to be addressed with an urgent procedure – the lawyer Rosa Emanuela Lo Faro, who defends the migrants in the two cases brought to the attention of the European Court of Justice, tells Agi -, but to be addressed with an ordinary procedure. Two visions of the case which differ between the two highest bodies, one national and the other European”. The ‘non-validation’ of the detentions could also have brought with it the consequence of not activating emergency procedures since the migrants are not detained or ‘restricted’ in other structures where their freedom is limited.