The Advocate General of the European
Court of Justice (ECJ) is set to present on April 10 the
conclusions of the joint legal cases regarding the protocol
between Italy and Albania for the fast-track processing of
asylum seekers at Italian-run centres in the non-EU country and
the definition of safe countries for repatriation, ANSA learned
on Tuesday.
Judges at the Luxembourg-based court are then set to decide the
case within the following month.
A sentence is expected between the end of May and the beginning
of June, ANSA has learned.
Italian judges have so far refused to validate the detention of
the first three groups of asylum seekers taken to Albania back
in October and November as well as last month, referring their
cases to the European Court of Justice - which had established
on October 4 that an applicant could not go through a fast-track
procedure that could lead to their repatriation if their country
of provenance was not deemed wholly safe.
The countries of origin in the cases, Bangladesh and Egypt, were
not judged to be wholly safe across their territory and for all
categories of citizens.
The government has tried to get around this hurdle with a
measure listing 19 safe countries for repatriation.
They included both Bangladesh and Egypt.
However, after the decree was approved in December, Italian
juddges have asked the ECJ 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.
While provisionally asserting the primacy of Italian ministers
on deciding safe countries for migrant repatriation from the new
processing centres in Albania, the supreme Court of Cassation in
December said the matter must await the ruling expected by the
European Court of Justice.
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