Italy has criticized the European Union’s Supreme Court for infringing on national sovereignty following a ruling that raises concerns about Prime Minister Giorgia Meloni’s strategy to address illegal immigration.
The case was initiated after two Bangladeshi undocumented migrants were removed from Italy and relocated to an asylum processing center in Albania, leading to the European Court of Justice (ECJ) questioning the fundamental aspects of the government’s plan.
The ruling determined that EU member states have the authority to designate a safe country for returning migrants, provided they present evidence and allow for judicial review. This implies that a single judge could block deportation to a country they consider unsafe.
The ECJ also stated that this designation cannot include countries that “do not provide adequate protection for the entire population,” which might classify nations like the United States as unsafe for return, particularly since some states impose the death penalty.
This decision follows a recommendation from the European Commission in April, which named Egypt and Bangladesh as “safe countries” to expedite migrant returns. However, the court indicated that such designations would only be applicable once the EU’s migration and asylum agreement is enacted in July of next year.
Meloni’s 2023 agreement to send migrants to processing centers in the Balkans, rather than allowing them to remain in Italy after entering illegally via the Mediterranean, has been significantly undermined by this ruling.
Former International Criminal Court Magistrate Kno Turhusser remarked that this development complicates the removal of undocumented migrants, particularly in urgent situations. He noted that individuals could easily claim to be part of persecuted groups, making deportation more challenging.
Deputy Prime Minister Matteo Salvini, leader of the anti-mass migration Lega party, expressed his frustration, calling the court’s ruling a blow to Italy’s sovereignty and a catalyst for increased landings, characterizing the European institutions as detrimental to the nation.
Prime Minister Giorgia Meloni described the verdict as “surprising” and accused the European judges of meddling in Italy’s democratic processes. She suggested that this ruling could empower individual judges to obstruct the government’s immigration policies, which have been established through an electoral mandate.
“This situation should concern everyone, especially those political factions celebrating this ruling, as it further constricts the government’s existing capacity to address immigration through normative and administrative measures,” Meloni explained.
She emphasized that the court’s decision poses a significant threat to efforts aimed at curbing illegal immigration and securing Italy’s borders. Meloni concluded by stating that her administration “is seeking any viable solution” as the EU migration agreement approaches its implementation.
