How the migrants' decree changes, new rules on appeals

Here comes the list of safe countries for migrants landing in Italy and the rules on appeals. "In application of the qualification criteria established by European legislation and the findings found from the sources of information provided by the competent international organisations, the following are considered safe countries of origin: Albania,Algeria, Bangladesh, Bosnia-Herzegovina, Cape Verde, Ivory Coast,Egypt, Gambia, Georgia, Ghana, Kosovo, Northern Macedonia,Morocco, Montenegro, Peru,Senegal, Serbia, Sri Lanka and Tunisia". This is a passage from the migrants' decree law, approved by the government and sent to the Head of State for signature. The possibility, once published in the Official Gazette, of transferring this measure in the form of an amendment to the decree on migratory flows, now being examined by the Chamber of Deputies, is already being considered: interlocutions will be needed on this too.

The list of safe countries of origin, the text clarifies, is 'periodically updated by an act having the force of law and is notified to the European Commission'. For the purpose of updating the list, the Council of Ministers shall deliberate, by 15 January of each year, a report, in which, consistent with the pre-eminent requirements of security and continuity of international relations, it shall report on the situation of the countries included in the list and those whose inclusion it intends to promote. The Government shall forward the report to the competent parliamentary committees.

In the text of the decree law, the discipline of appeals is also rewritten, widening the perimeter of suspension and reintroducing the appeal, cancelled in 2017 to cope with the growing volume of complaints. Thus, compared to the current discipline, which excluded a series of measures and a type of subject from the possibility of suspending the decision refusing the request for international protection adopted by the commissions, the decree instead provides for it in the case of "serious and circumstantiated reasons". The decree also outlines the times and ways of the proceedings that are triggered before the first instance judge with the request for suspension, giving space to the Ministry of the Interior to oppose and present defensive notes. Central then is the introduction of a temporary residence permit in case of acceptance of the suspension (but not for those subject to detention measures).Against the measure that decided on the suspension it is then possible to appeal in the Court of Appeal, which in turn is called to decide in a very short time, ten days. This is a significant burden for these judicial offices that, already in the face of a possible reintroduction of the second degree of judgement contained in the flow decree, although not yet in force, had prompted all the presidents of the Courts to write to Prime Minister Giorgia Meloni, to Justice Minister Carlo Nordio and to Economy Minister Giancarlo Giorgetti underlining the impossibility of complying with the objectives of reducing the time taken by cases agreed with Europe in the Pnrr.