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Italy - December 2024

Parliament passes decree changing responsible courts for migrant detention

On 4 December, the Senate approved the Decree on Migration Flows, transferring the authority to validate asylum seekers' detention from specialized courts to the Courts of Appeal. The legislation was proposed by the ruling Brothers of Italy party followings tensions between the government and the judiciary.  These tensions developed after the migration judges ruled the return of migrants from camps in Albania to Italy, blocking Prime Minister Giorgia Meloni’s deal with Albania. The opposition has referred to this amendment as a retaliation against these judges. Magistrates said the change may overburden courts and affect decision quality. The new provisions introduce stricter rules on family reunification and a new list of countries considered "safe", which includes countries such as Bangladesh, Egypt and Morocco. Designating these countries as "safe" could lead to faster asylum rejections and more deportations for asylum-seekers from these countries.  

Sources: NT+ Diritto, Italian Government – Integrazione Migranti, Senato, il Fatto Quotidiano, il Dubbio, InfoMigrants, Notizie (1), Notizie (2), International IDEA 

Primary categories and factors
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Rule of Law -1 Rule of Law  (-1)
Judicial Independence
Secondary categories and factors
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Rights Rights
Political Equality
Social Group Equality

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