Recent Debate in Italian Politics: The Rejection of Detention Requests under the Italy-Albania Protocol
Recently, there has been a heated political debate that resonated across national media regarding the rejection of detention requests by the Rome Police Department under the Italy-Albania Protocol, issued by the Rome Tribunal on October 18, 2024.
The Rome Tribunal, specializing in personal rights and immigration, has issued significant decrees concerning cases from countries like Bangladesh and Egypt. These decrees were influenced by the primacy of European Union law over national law. This principle, embedded in European legal order since the landmark Costa v. E.N.E.L. case in 1964, establishes that EU law prevails over any conflicting national norms.
The national judge, acting as a common European judge, is required to fully apply EU law and disregard conflicting domestic norms. This system of disapplication has solidified over time, ensuring the effectiveness of EU law in member states. However, there is an exception: if EU law provisions conflict with the supreme principles of the Italian constitutional order, a question of constitutional legitimacy may need to be raised.
In the specific case analyzed by the Rome Tribunal, the EU legislation applied consisted of reception directives already transposed by Italy. The conflict did not concern the prerequisites for recognizing international protection but rather the type of procedure used for examining requests. Directive 2005/85/EC and the subsequent 2013/32/EU establish minimum standards for asylum procedures and provide for an "accelerated procedure" under certain conditions.
The Italy-Albania Protocol, ratified in 2024, involves managing migrants in facilities on Albanian territory, operated by Italian authorities. However, the Tribunal found that the manner of migrants' arrival in Albania did not meet the requirements for applying the accelerated procedure set by Italian and European legislation.
Moreover, the designation of countries as "safe countries of origin" has been questioned. The European Court of Justice recently clarified that a country can only be considered safe if there are no acts of persecution or inhumane treatment throughout its territory and for all categories of people. This led the Tribunal to reconsider including Egypt and Bangladesh in the safe country list, given significant exceptions for certain categories of people in both countries.
The decision of the Rome Tribunal highlights the complexity of legal issues related to immigration and international protection. It demonstrates how European Union law can deeply influence national regulations, ensuring uniform protection of fundamental rights across all member states. In an increasingly interconnected global context, these legal dynamics continue to evolve, requiring careful observation and constant adaptation of national regulations to European directives.