After the Rome court, even the Catania one has not implemented the new decree of the Italian government on the migrant agreement. The court decided not to approve the detention of an immigrant from Egypt who sought refugee status in Pozzallo, arguing that this place is not safe.
According to the court, the list of safe countries drawn up by the Italian government, which includes Egypt, does not exempt the judge from the obligation to verify compliance with European Union law and that in Egypt there are serious violations of human rights that affect the freedoms of a democratic order.
Two weeks ago, to resolve the impasse created by the Rome court, which did not validate the detention of migrants in centers built by Italy in Gjadera, the Council of Ministers approved the list of 19 safe places as primary law. As Egypt is part of the list, the Italian government intended to allow the rejected migrant to be deported immediately, without examining the protection request.
But according to the Italian courts called to decide so far, Egypt is not, since to be considered as such it would have to be so for all categories.
The second stop came from the Rome court for the asylum request of one of the 12 immigrants, who was transferred to Albania. With this provision, the Rome court refers the new decree on "safe places" to the European Court of Justice, asking for an urgent response and citing the "recent intervention of the Italian government".
A few days ago, the Bologna court turned to the EU court to determine what is the parameter "on the basis of which the security conditions underlying the designation of a third country as a safe country must be identified" origin".