Migrants, illegal immigrants, invent ridiculous excuses not to leave Italy. And the judges are on their side

The issue of migrants remains at the center of political debate in the aftermath of the Med9 summit in Malta, at which Italian Prime Minister Giorgia Meloni found support from other southern European countries – in particular French President Emmanuel Macron – on the delicate dossier in view of upcoming European events. But what prevails is the decision of the judges of the Immigration Section of the ordinary court of Catania, who accepted the appeal of a migrant – a Tunisian citizen who arrived in Lampedusa on September 20th and was later transferred to the new center of Pozzallo – not validating the provision with which his detention was arranged. The court then ordered his immediate release. The judges found some illegitimacy in the measures adopted, highlighting that “the applicant cannot be detained for the sole purpose of examining his request” and that “detention must be considered an exceptional and restrictive measure of personal freedom under the terms of art. 13 of the Constitution”. Furthermore, the judges dispute that the deposit of around 5,000 euros to be paid in order not to go to the center is not “compatible with articles 8 and 9 of Directive 2013/33” in terms of legitimacy.

The Ministry of the Interior immediately decided to challenge the provision: the validity of the legal references contained therein will therefore be subject to the scrutiny of another judge. But it is above all on a political level that Catania’s decision causes a small earthquake. Among the first to contest the choice was the leader of the League, Matteo Salvini: «He landed 10 days ago, and the appeal was immediately accepted by the court. But did he have a lawyer on the boat? Justice reform, quickly and well”, he writes on his social networks, while many members of the League point out the speed of the decision regarding the migrant, while Salvini himself has been on trial for years. From Forza Italia, the leader of the group in the Chamber, Paolo Barelli, thunders: «There will be a final word from a judge at the end of this debate. It is clear that the issue of immigration is a huge problem. There is no one, not even those who criticize and argue, who has the magic wand to resolve this. But our country must take measures because it cannot be the place of arrival and stay of hundreds of thousands today, and tomorrow, why not, of millions of citizens who, for example, flee Africa from wars, coups d’état, floods, earthquakes ” .

For the leader of the FdI group in the Chamber, Tommaso Foti, the news “arouses more indignation than surprise. It should be noted that, in the case of legislation emanating from a decree-law, it is up to the judge to respect the constitutional provisions, in particular article 101”. For the opposition, however, the decision “is a demonstration that the decree intended by the government is simply illegitimate and inapplicable”, as the Democratic Party highlighted, while for 5 Estrelas it is “another failure of the government”.

Source: IL Tempo

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