Italy PM seeks to save Albanian migrant deal amid spat with judges

By AFP - Oct 21,2024 - Last updated at Oct 21,2024

ROME — Italy's hard-right government said it would pass a new law Monday to overcome legal opposition to a migrant deal with Albania, as Prime Minister Giorgia Meloni accused judges of political bias.

A decree, set to be adopted at a cabinet meeting Monday, would enshrine in law the government's definition of 22 countries as "safe", which would mean Rome can fast-track applications from asylum seekers from those countries.

The move follows a ruling by Italian judges on Friday against the detention of the first migrants sent for processing in Albania. This dealt a major blow to the government's flagship policy, which is being closely studied by other European nations.

Rome has repeatedly said that other European Union countries are interested in the scheme as a way of processing asylum requests in countries outside the bloc. But 12 Bangladesh and Egyptian migrants sent to Albania last week had to leave again after the judges' ruling and were taken to Italy.

The judges pointed to a recent European Court of Justice ruling which stipulates that EU states can only designate whole countries as safe, not parts. Some nations on Italy's list include areas which are not considered safe.

As a general rule, EU law takes precedence over conflicting national laws.

Meloni on Friday slammed the ruling as "prejudiced" and said she had called a cabinet meeting Monday "to approve laws to overcome this obstacle, because I don't think it's up to the judges to say which countries are safe, but the government."

The cabinet decree would enter into force immediately before being converted into law by parliament, where the government has a majority.

Italy has long been on the front line of migrants crossing the Mediterranean from North Africa to Europe and Meloni was elected in 2022 on a pledge to stop the boats.

Her coalition has previously clashed with judges over attempts to limit the work done by charity organizations who rescue migrants.

The row escalated Sunday, with Meloni publishing excerpts on social media of a letter sent by one prosecutor to a group which includes judges.

In it, Marco Patarnello warned that Meloni is "stronger and much more dangerous" than former prime minister Silvio Berlusconi, who faced frequent legal woes and who repeatedly attacked the judiciary.

Right wing politicians said the letter proved the legal bias against the government.

Critics pointed out however that Meloni did not post the rest of the text, in which Patarnello said "we must not engage in political opposition, but we must defend jurisdiction and the citizens' right to an independent judge".

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