The government has approved a new migration decree that defines a list of safe countries for repatriation.
The new migration decree addresses the legal issue that led a Rome court to refuse the detention of 12 migrants at a new Italian-run centre in Gjader, Albania. The list of safe countries is now part of primary legislation, rather than an inter-ministerial decree. “A judge cannot fail to apply it,” Justice Minister Carlo Nordio said on Monday.
Nordio explained judges can no longer disapply the law but can appeal to the Constitutional Court if they consider it unconstitutional. Previously, the foreign ministry, in agreement with the interior ministry, drafted an annual list of safe countries as a ministerial measure. This was secondary legislation, and subject to judicial interpretation.
Interior Minister Matteo Piantedosi announced the new decree includes “19 safe countries out of the original 22,” with Cameroon, Colombia, and Nigeria excluded. Piantedosi said the list aims to accelerate expulsion procedures and prevent the misuse of protection requests to avoid expulsion.
Last week, a Rome court ruled against detaining the first group of migrants in the Albanian centre, citing concerns over the safety of their home countries, Bangladesh and Egypt. The decision was based on a 4th October ruling from the European Court of Justice, which stated not all areas of countries like Bangladesh and Egypt could be considered safe.
List of safe countries of origin
The list of countries of origin considered safe in the new migration decree are:
Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Cape Verde, Gambia, Georgia, Ghana, Egypt, Ivory Coast, Kosovo, North Macedonia, Montenegro, Morocco, Peru, Senegal, Serbia, Sri Lanka, Tunisia.
