EU Court Ruling Challenges National Control Over Migrant Repatriations

Italy’s National Magistrates Association President Cesare Parodi stated, “No one was undermining the government. Italian judges had proposed an interpretation now confirmed correct by the European Court of Justice. This should be acknowledged without controversy, but for clarity’s sake.”

The Italian government expressed surprise at the EU Court of Justice’s decision regarding safe countries of origin for irregular migrants. In an official note from Palazzo Chigi, it criticized the ruling: “Once again, European jurisdiction is encroaching on non-judicial domains – overriding political responsibilities. The Court empowers any national judge to rule not on individual cases, but on core migration policy areas like repatriations and expulsions. For instance, designating ‘safe countries’ now prioritizes a national judge’s decision – potentially based on private sources – over complex inter-ministerial investigations ratified by sovereign parliaments.”

Palazzo Chigi warned the ruling “should concern all political forces,” including those celebrating it, as it “further narrows governments’ and parliaments’ already limited autonomy in setting migration policy.” It emphasized the decision “weakens efforts to combat mass illegal immigration and defend national borders,” particularly ahead of the imminent EU Pact on Migration and Asylum. The pact, negotiated by the European Commission, Parliament, and Council, introduces stricter rules – including criteria for safe-country designations.

The government vowed to “explore every technical or legislative solution” during the pact’s 10-month implementation delay to “protect citizens’ security.”

Separately, the EU Court affirmed that member states “may designate safe countries of origin via legislative acts, provided such designations are subject to effective judicial review.” This ruling addressed Italy-Albania protocols.

In a maritime incident, German NGO RESQSHIP’s sailboat Nadir rescued 36 migrants. Survivors reported 15 individuals fell overboard; 12 were recovered. One person died, and three remain missing.

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