The new bill

Migrants, crackdown launched. The Colle's lens on the naval blockade

On the stop on boats the Quirinale's lighthouse: an explicit reference to the treaties is needed. Easier expulsions for convicted foreigners and rules to relaunch the Albania model are included in the delegation of powers

by Manuela Perrone

(Adobe Stock)

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

Seventeen articles and two chapters that intervene in the field of immigration and international protection, through two moves: the delegation to the government for the implementation of the EU Pact on migration and asylum, which will come into force in June, and the tightening of the measures that had been removed from the security package, with measures ranging from easier expulsions for foreigners convicted of certain crimes to the maritime blockade. But it is precisely on the flag measure that the Viminale, in agreement with Palazzo Chigi, did not want to give up that the lighthouse of the Colle has been turned on. From the Quirinale there is particular attention to the rule, as it needs an explicit reference to international treaties that, as is known, have constitutional value.

The halt to crossing the territorial waters boundary

Yesterday afternoon's Council of Ministers nevertheless approved the bill on migrants, as per script, holding the line on the possibility of banning ships from crossing the limit of territorial waters for 30 days, extendable up to six months, when four circumstances recur (not only the risk of terrorism, global health emergencies and high-level international events, but also 'exceptional migratory pressure'), under penalty of a fine ranging from 10,000 to 50,000 euro, and renouncing the 'save-Almasri rule'. The naval blockade may be ordered by resolution of the Council of Ministers, on the proposal of the Minister of the Interior.

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Revised crackdown on reunifications

On the other hand, the crackdown on family reunification has been revised, which is brought back within the scope of the delegation and will therefore be entrusted to subsequent legislative decrees (in this case, implementing the Return Regulation) with the intention of introducing greater rigour on both the requirements and the number of family members to be reunited. The delegation of power, which is very broad, will also serve for the implementation of the other six regulations linked to the new EU Pact (reception, qualifications, procedures, asylum and migration management, crisis and force majeure, checks at the external borders and Eurodac) with a clear indication: in the case of optional clauses, the option of greater severity must be preferred. Objective: to counter 'abuse of international protection'.

Strictures on international protection

A few examples. It will be possible to exclude the recognition of refugee status not only if the migrant has committed crimes, but also if he/she is considered to represent 'a danger to the community'. It will be possible to apply the accelerated procedure for examining asylum applications also to unaccompanied minors. And, of course, the concept of 'safe third country' will be fully incorporated into national law by maintaining the national list of 'safe countries of origin'. A assist to Operation Albania that the Minister of the Interior, Matteo Piantedosi, intends to relaunch.

Guidelines for CPRs and a ban on mobile phones

The bill also provides an opportunity for the Ministry of the Interior to remedy the breach pointed out last summer by the Constitutional Court (sentence no. 96 of 3 July), i.e. the absence of an adequate regulation of the detention of migrants in the CPRs that respects the fundamental rights of the person and his dignity. However, the solution, in Article 1, is two-sided: it gives a mandate to the Interior, after hearing the Health Ministry, to define guidelines to define the technical characteristics of the centres at a homogeneous level on the national territory and it puts in black and white the guarantee of respect for rights and dignity. At the same time, however, it prohibits the use of mobile telephones and the possibility of making video recordings or recordings.

These are not the only restrictions. As Riccardo Magi (+Europa) denounces, the bill also introduces what 'seems to all intents and purposes a limitation of the inspection powers of parliamentarians inside the CPRs. Does the government - asks the deputy, appealing to the presidents of the House and Senate - really want to hide the real conditions of detention in the facilities, going so far as to limit a parliamentary prerogative that finds its foundation in the powers of control of the Parliament towards the Government and in particular with reference to the deprivation of personal freedom?".

News on minors and expulsions

The repeal of the continuation until the age of 21 of the reception routes for unaccompanied minors is also confirmed. The age for entry into Italy for study purposes is lowered from 15 to 14. Finally, there is a sprint to expulsions: the judge will be able to order them in case of convictions for serious crimes, from those against the person to those against public order.

Meloni: ship blockade promise kept, compatible with EU rules

"Today we have been able to fulfil another commitment that we had made to the citizens in our centre-right government programme, namely the possibility in the event of a serious threat to public order or national security such as the risk of terrorism but also exceptional migratory pressure to prevent the crossing of Italian territorial waters and to take the migrants who are on board those boats subject to the ban to third countries. An option that is compatible with the new European rules that, among other things, Italia has helped to define'. This was Prime Minister Giorgia Meloni's comment on the immigration bill approved by the Council of Ministers in a video message released after she landed in Belgium (in Liège) to attend the informal EU Council meeting in the Alden Biesen castle.

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