By Fiorenza Sarzanini - Corriere della Sera
The Rome court's decision to overturn the repatriation of foreign nationals transferred to Albania was largely predictable. In recent days, other judges have expressed themselves in the same way, who have decided not to approve the detention of foreign citizens who, after landing, were transferred to detention centers in Italy. All the orders issued in the last two weeks are based on a decision of the European Court of Justice, which on October 4 redefined the "safe country" criterion by imposing strict restrictions on the possibility of repatriating migrants to their countries of origin. . The case examined in Luxembourg concerned a Moldovan citizen who arrived in the Czech Republic and the deportation procedure was activated against him. But, as always happens with the decisions of the Court of Justice, the principle must be extended and therefore must be applied by all member states.
This would be enough to make it difficult to understand the political fight that broke out, a few minutes after the filing of the ordinance for immigrants sent to Albania. The center-right immediately attacked the judges, calling it a decision based on political elements. The opposition hastened to claim that it was right when it attacked the agreement signed with Tirana, not taking into account the fact that the issue is general. Thus, both sides have shown that they have not addressed the true essence of the problem and the consequences it may have in Italy, but in general in Europe on the management of migratory flows and in particular on the impossibility of repatriating foreigners who do not have the right to to stay.
The line chosen by the Meloni government with the opening of the centers in Albania has an exclusively preventive objective, also because 3000 places cannot represent the solution to the overcrowding of the structures. The message is clear: "Do not leave for Italy, even if you intend to go to other European countries, because we will prevent you from touching our land in any way."
However, the implementation of this agreement has currently proven to be extremely costly from an economic and above all practical point of view, thus achieving the opposite effect to what was intended. It is true that the president of the European Commission, Ursula von der Leyen, spoke of "innovative solutions to cope with the emergency" committing to experiment with the "Albanian model" and other leaders have expressed positive opinions, but the consensus is not unanimous and in any case it is necessary to take into account the limitations imposed by the rules and conventions of the Union itself. The road ahead for a joint project still seems long.
This is why it is important to maintain a steady line without succumbing to erratic feedback. The history of this country has been marked in recent decades by a clash between politics and the judiciary which sometimes had dramatic consequences. Every government, if it has the capacity and the numbers in the Parliament, has the right and the duty to advance its program and in matters of justice, the executive led by Giorgia Meloni is doing it so quickly with the help of some deputies who - at least officially – are on the opposite side of the fence. She can do this without raising the tone, but also considering sending some ministers to organize a hearing in Palermo where a hearing in the trial against Matteo Salvini on the case of "Open Arms" was considered inappropriate.
The Council of Ministers will meet on Monday and on the agenda is the adoption of a measure that will allow the government to overcome the deadlock created by the decision of the European Court. The legislative offices of Palazzo Chigi and the Ministry of the Interior are at work. The hypothesis is that the judges' decision will be appealed to block their effect. The judicial way, therefore, is the only possible one at the moment if it is not desired to worsen a conflict between state powers that has already reached very high levels. In delicate moments - and what Italy is experiencing is due to internal tensions, but above all due to the international crisis - where it becomes essential to move with care and responsibility. One must be aware that continued fibrillations, or even worse, institutional crashes, can only cause further damage.