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Clash between the Italian Supreme Court and the Meloni government: Strong criticism of the agreement with Albania

2025-06-30 17:39:25Aktualitet SHKRUAR NGA REDAKSIA VOX
Clash between the Italian Supreme Court and the Meloni government: Strong
Supreme Court of Italy

In two long and detailed reports, Massimario "rejected" two main measures of the government led by Giorgia Meloni, the security decree and the plan for immigrants that includes structures in Albania.

In two reports, which arrived a few days apart, Massimario of the Supreme Court, the office that collects in a single document the main opinions of the constitutional doctrine on these jurists, has "rejected" both the security decree and the one on the Albania project.

According to what Corriere della Sera reports, Massimario has gathered numerous doubts and ambiguities in 129 pages in which he analyzes the individual provisions included in the decree.

Legislative Decree 48 of 2025, with entry into force scheduled for April 12, “reproduces almost completely with the exception of some minor changes limited to some articles the content of the corresponding “security” draft law initiated by the government”, already approved in first reading on September 18, 2024 and “ready for examination by the Assembly of Palazzo Madama”.

This means, without any new facts occurring, the necessary steps for the adoption of a law that is already at an advanced stage of discussion have been bypassed, transforming it into a decree that must nevertheless be based on "requirements of exceptional necessity or urgency."

What is the problem with the arguments included in the decree?

Massimario notes “the extreme heterogeneity of the content of this text, which would have required a separate review and vote on individual issues, represented in the original draft law by as many individual articles, while the conversion into law unites them “into a single article”, thus violating Article 72, first paragraph, of the Constitution”.

And again: From the point of view of the objectives pursued and, consequently, of the content, the emergency provision arises heterogeneous, as was the original security bill that completely transfused it: hence the further, denounced, profile of inhomogeneity, a defect considered as a "symptomatic figure" of the lack of justifying conditions of the emergency provision.

Why would it be unconstitutional?

According to Massimario, the entry into force of the legal decree one day after its publication (April 12, 2025) would have made it difficult to attribute guilt, in terms of recognizing the new penal principles, since this principle "requires that anyone who commits an act must be able to know in advance whether it is punishable as a crime, while the methods of entering into force of a decree-law prevent its prior recognition", thus violating the guarantees offered by the constitution.

Massimario speaks of "a diverse series of regulatory changes, as the CSM has emphasized "generally oriented towards a pronounced use of the criminal instrument", rejecting the two forms of toughening existing sanctioning treatments and introducing new types of crime that have, as a common factor, a substantial nature of disadvantage, with subsequent non-retroactive applicability only to crimes committed starting from April 12, 2025".

Regarding Albania's project, as foreseen by the newspaper il Manifesto, the essence is the lack of uniformity between European and international laws and these provisions, as well as their compatibility with our Constitution.

Massimario summarizes them in 48 pages, starting with the analysis of the law that transformed the decree that transformed the areas of Shëngjin and Gjadri from centers for asylum seekers who never entered Italy into detention centers for “irregular” migrants. Precisely for the right to asylum, “the common European asylum system has an extremely territorial dimension” for this reason applying for protection in the territory of a third country (Albania) would create discrimination, reducing the protections offered by EU directives.

Speaking generally about "migrants", the rules on centers in Albania do not specify which categories of foreigners are transferable across the Adriatic, do not provide written reasons and the necessary prerequisites, thus opening up, according to Massimario, criteria of administrative discretion.

What freedoms would be violated?

"Inviolable" personal freedom, because when the reasons for detention in centers in Albania, the person who is detained there does not have the opportunity to return to move freely within the territory of the state where he is detained (Italy), being in Albania.


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