Source: Government of Italy (English)
The EU Court of Justice’s decision regarding safe countries of origin of illegal migrants is surprising. The judiciary, this time at European level, is once again encroaching on areas that are outside its purview, in the face of responsibilities that are political in nature. The EU Court of Justice has decided to hand the decision over to any national judicial authority, not on individual cases, but on the part of migration policy related to the rules governing returns and expulsions of irregular migrants.
So, for example, with regard to the identification of so-called ‘safe countries’, it gives precedence to the decision by the national judicial authority, even if this is based on private sources rather than the results of complex investigations that have been carried out by the ministries involved and evaluated by the sovereign Parliament.
This is a step that should concern everyone – including the political forces that are today rejoicing over the verdict – because it further reduces the already narrow margins of autonomy that governments and parliaments have to legislate on and manage migration. The court’s decision weakens policies to combat mass illegal immigration and defend national borders.
It is peculiar that this is happening just a few months before the EU Pact on Migration and Asylum comes into force, which contains stricter rules, also with regard to the criteria for identifying such countries: this Pact is the result of joint work by the Commission, Parliament and Council of the European Union.
For the ten months before the EU Pact takes effect, the Italian Government will not cease to seek every possible technical or regulatory solution to safeguard citizens’ security.