Operation Albania is facing another setback. The Italian government has been hit by another major setback on the migrant issue.
A judge's decision has called into question one of the provisions that allowed the reopening of centers set up under the protocol signed by Prime Minister Edi Rama and First Lady Giorgia Meloni.
The government regulation that was heavily criticized
A decision by the Court of Cassation has targeted one of the measures included in the decree approved by Parliament in recent months, which allowed the reopening of the Gjader center, which currently deals with migrants held in repatriation detention centers (CPR), Italian media reports.
According to the judges, if detention in a CPR is not justified, the asylum seeker must be released immediately.
Therefore, he cannot stay in a center for up to 48 hours, as stipulated in the decree signed by Interior Minister Matteo Piantedosi.
It all started with a complaint filed by a migrant transported to the Gjadra center in Albania and then, after his detention was not confirmed, transferred to the Bari center.
The man stayed at the facility in the Puglia capital from July 4 to 5, thus causing a "clear violation of the fundamental right to personal freedom."
Referral to the Constitutional Court
The Supreme Court judges claim that six articles of the Constitution have been violated and intend to bring the government's law to the attention of the Constitutional Court.
In their decision, the judges consider " the issue of constitutional legitimacy as relevant and not manifestly unfounded ", with particular reference to the measure regarding "the invalidation of the detention order".
The Supreme Court of Cassation considers this to be a restriction of personal freedom introduced by law: the law would therefore be contrary to constitutional principles, the European Convention on Human Rights and supranational norms. Several opposition parties commented on the decision without wasting much time .
"The doubts raised by the Supreme Court of Cassation before the Constitutional Court show, if anything, that the Meloni government is incapable of managing the phenomenon of migration in Italy. The proposals approved by the Brothers of Italy, the League and Forza Italia (FI) produce regulations that are not only ineffective, as demonstrated by the massive and constantly increasing arrivals, but also contrary to European and national law" , denounced Alfonso Colucci, head of the Five Star Movement in the Constitutional Affairs Committee of the Chamber of Deputies.
Colucci attacked the government's migration policies, saying: "Without any effective ideas or strategies, they write useless, flawed and often illegal regulations, and then attack those who inevitably point out that these laws are baseless. It is difficult to achieve such a massive failure."