Council of Ministers

Government: green light for decree implementing the EU Pact on Migration and Asylum

Italia will have to process up to 16,032 applications by June 2027

by Rome Editorial Staff

Migranti, via libera Eurocamera a nuove norme sui paesi terzi sicuri

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

Council of Ministers' green light for the decree law for the implementation of the European Union pact on migration and asylum.

"A Copernican revolution" to "accompany the immediate entry and entry into force of these rules, also on the strength of the fact that as a government we believe we have been the main players in the reform process of the asylum system at European level," said Interior Minister Matteo Piantedosi at a press conference. "We wanted with this intervention, without weakening the other worksites that we have opened such as the migration and asylum bill that is already travelling" in Parliament, he added, "to anticipate those that allow us to immediately implement this new regulatory process by the European Union starting on 13 June".

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The intervention serves to make 'immediately operational, as 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 Union law makes mandatory for certain categories of applicants'.

The questions to be examined

In implementation of the European Commission's decision quantifying the adequate capacity of member states and the maximum annual number of applications to be examined in the border procedure, Italia 'will have to examine up to 16,032 applications per year in the first period of application between 12 June 2026 and 12 June 2027'.

The new procedure

The border procedure, in implementation of the provisions of the new Pact, will be compulsory in the case of individuals 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, according to the new Pact, 'must be concluded within a maximum overall period of twelve weeks. Hence the need for the national system to set: the terms of the administrative phase and those of the procedural phase in a manner consistent with this maximum limit; provide the necessary reinforcements for the administrative and judicial offices that will be engaged in the aforementioned activity'.

Waiting for entry

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, without prejudice to the recurrence of the conditions for detention. This entails the need to identify the places where the applicant must remain during this procedure'.

Finally, as a corollary of the effectiveness of the border procedure, "it is necessary to introduce into domestic law the provisions allowing the adoption of stricter rejection decisions (those for which the automatic suspensive effect of the filing of a judicial appeal does not operate), with specific regard to the hypotheses of inadmissibility, manifest unfoundedness and implicit withdrawal of the application.

The catch

'Particularly incisive,' concludes the summary of the decree, 'is the provision for the detention of the subject at the border, which allows the foreigner to be held for a maximum of 72 hours while the identity and dangerousness of the foreigner are being ascertained'.

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