The tribunal of Bologna has referred
to the European Court of Justice a new government decree
defining a list of safe countries for repatriation to ask which
parameter should be used when determining safety and whether the
principle of the primacy of EU law should prevail if a conflict
arises with Italian legislation, judicial sources said Tuesday.
The referral was issued in relation to an appeal presented by an
asylum seeker from Bangladesh against the territorial commission
for the recognition of international protection.
The government decree listing 19 countries, including
Bangladesh, as safe, said Italian courts cannot rule against it
on the basis of an October 4 European Court of Justice sentence
based on which Rome judges nixed the detention of a group of
migrants at a new Italian-run centre in Albania earlier this
month.
The 19 newly approved safe countries whose status is bolstered
by the new 'primary' legislation which was issued three days
after the Rome court's ruling are: Albania, Algeria, Bangladesh,
Bosnia-Herzegovina, Cape Verde, Cote d'Ivoire, Egypt, Gambia,
Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro,
Peru, Senegal, Serbia, Sri Lanka and Tunisia.
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