Immigration

Tightening of border procedures from 12 June. Three-day stoppage

Piantedosi: 'Copernican revolution. Accelerated procedures

by Giovanni Negri

Provvedimento in comune. I ministri Nordio e Piantedosi

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

In the decree-law approved yesterday by the Council of Ministers there is also a dense chapter on immigration. The legislative intervention, serves to make immediately operational, starting from 12 June 2026, the date of the start of the application of the EU Pact on Migration and Asylum, the asylum procedures at the border that EU law makes mandatory for certain categories of applicants. 'A Copernican revolution', for the Minister of the Interior, Matteo Piantedosi.

In implementation of the European Commission's decision that quantified the adequate capacity of Member States and the maximum annual number of applications to be examined in the border procedure, Italia, it is explained in a summary note, 'will have to examine in the border procedure, in the first period of application between 12 June 2026 and 12 June 2027, up to 16,032 applications per year'.

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The border procedure, implementing the provisions of the new Pact, will be compulsory in the case of persons who are dangerous to national security; who come from countries with an acceptance rate of less than 20%; who have submitted false information or documents. Border procedures aimed mainly at reconstructing the identities of the persons concerned will in any case have to be concluded within a total period of 12 weeks.

Hence the need for the national legal system to set the deadlines of the administrative phase and those of the trial phase in a manner consistent with the maximum limit and to provide reinforcements for the administrative and judicial offices that will be engaged in this activity.

The new rules of the Covenant, it is recalled, provide that for the duration of the border procedure, the applicant is required, as a rule, "to stay at or near the external border, in a transit zone or in other places designated by the Member State, without this entailing authorisation to enter the national territory, unless the conditions for detention are met. This entails the need to identify the places where the applicant must remain during this procedure'.

Lastly, as an element of the effectiveness of the border procedure, provisions are introduced in the domestic legal system to allow the adoption of stricter rejection decisions (those for which the automatic suspensive effect of the presentation of the judicial appeal does not operate), with reference to the hypotheses of inadmissibility, manifest unfoundedness and implicit withdrawal of the application. Provision is also made for the detention of the subject at the border, which allows the foreigner to be held for a maximum of 72 hours, with validation by the judicial authority, pending the verification of the identity and dangerousness of the same.

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