Bologna Tribunal Seeks Clarity from EU Court on Safe Countries for Repatriation
The Bologna tribunal has made a significant move by referring a new Italian government decree to the European Court of Justice (ECJ). This decree, which defines a list of safe countries for repatriation, raises crucial questions about the parameters used to determine safety and whether EU law should take precedence over Italian legislation in case of conflicts. This referral occurred in the context of an appeal from an asylum seeker from Bangladesh challenging a decision made by the territorial commission for the recognition of international protection.
The Italian government's decree, which identifies 19 countries—including Bangladesh—as safe for repatriation, contends that Italian courts lack the authority to contest it. This ruling aligns with a decision made by the ECJ on October 4, when Rome judges annulled the detention of a group of migrants at a newly established Italian-run center in Albania.
The newly designated safe countries are: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Cape Verde, Cote d'Ivoire, Egypt, Gambia, Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro, Peru, Senegal, Serbia, Sri Lanka, and Tunisia. This list reflects the Italian government's stance that these countries are deemed safe for returning migrants, thereby streamlining the repatriation process.
The implications of this legal inquiry could be far-reaching, potentially affecting the future of asylum seekers in Italy and their rights under European law. As the tribunal awaits the ECJ's response, the case spotlights ongoing tensions between national policies and EU obligations, particularly regarding the protection of vulnerable populations seeking asylum.
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