More on the Italy/Albania asylum deal - note that an Italian appeal court judgment is due next week - ThreadSky

stevepeers.bsky.social • 94 days ago

More on the Italy/Albania asylum deal - note that an Italian appeal court judgment is due next week

Uproar over the Italy-Albania migration deal continues

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Has there been any word on what way the appeal court can go?

And does anyone know if an Italian court might set out *how* the gov can make it work?

nialloconghaile.bsky.social•94 days ago

Sorry, maybe that was not clear. What I meant was, can the appeal court recommend certain changes to the scheme to make it compliant, and delay giving judgment?

stevepeers.bsky.social•94 days ago

I don't know what the appeal court's jurisdiction is exactly. As it stands, EU law does allow a "safe country of origin" rule but it must a) apply to the whole country, b) (probably) apply to all people in it and c) (probably) be subject to judicial review. The asylum pact will reverse a) and b).

sarahcalvert.bsky.social•94 days ago

No, it can't. I just asked an Italian lawyer I happen to have on hand.

nialloconghaile.bsky.social•93 days ago

Always keep one handy

sarahcalvert.bsky.social•93 days ago

I always do. You never know when they might come in useful. 😜

stevepeers.bsky.social•94 days ago

We'll have to wait and see what the appeal court rules. But more than one set of questions has been sent to the CJEU. Another possibility is that the EU agrees to bring forward parts of the asylum pact, or passes emergency asylum law, to support Italy.

stevepeers.bsky.social•94 days ago

The workability is dependent upon the interpretation of the grounds to apply the Italy/Albania deal, and EU law has a bearing on that interpretation.

nialloconghaile.bsky.social•94 days ago

I hear strong rumours that a deal of this nature is coming, and others are watching with interest, and it's tied up with support for Ukraine, dealing with Trump, etc.

antodim.bsky.social•94 days ago

An Italian Supreme Cassation Court judgment actually (on the possibility for the Court to disapply the National SCO list to give priority to EU law). A note: the judgment will be based on the previous national legal framework, when the list was in a Ministerial decree (now it is in a Law Decree)

antodim.bsky.social•94 days ago

Also: on 4 Dec there is a hearing. Not granted that the judgment will be made public in day

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