Council of Ministers approves Decree Law on migrants and safe countries: new rules for repatriations.

The Council of Ministers met today to discuss and approve a decree law of great importance in the management of migrants, with particular attention to expulsion procedures to the so-called “safe countries”. The new measure introduces important regulatory innovations to overcome the legal difficulties related to immediate repatriations, directly addressing the refusal of the Italian judiciary and the restrictions imposed by the Court of Justice of the European Union. In a few minutes, the government decided to pass a law that aims to strengthen the existing legislative framework, reorganizing the criteria for the management of migrants from certain countries.

The context: repatriations and Italian and European jurisprudence

The issue of migrant repatriations has long been at the center of political debate in Italy and Europe, but has recently seen a particularly complex evolution given the rulings of Italian courts and the Court of Justice of the European Union. In particular, a ruling of the EU Court of 4 October last established that many of the countries included in the Italian list of "safe countries" cannot be considered as such in terms of human rights protection, creating a legal obstacle to the practice of immediate repatriations.

The list of safe countries

The heart of the matter is based on the list of 22 countries considered by the Italian government as “safe”, and includes 19 countries, instead of the 22 foreseen (Cameroon, Colombia and Nigeria were excluded from the original determination), that is, nations from which migrants would not be considered in need of international protection. This list includes countries of origin of many irregular migrants arriving in Italy, and includes countries in Africa, Asia and Eastern Europe. According to the government, migrants from these states should not be entitled to asylum or other forms of international protection as they are considered low risk in terms of persecution or violation of human rights.

The need for new legislation arises precisely from the challenge of reconciling court decisions with government policy. Until now, in fact, the definition of which countries were considered safe was decided by a ministerial decree of the Ministry of Foreign Affairs. However, this instrument has proven to be insufficient at a legal level, being often superseded by national court rulings and European standards.

The Legislative Decree: a new, stronger formula

The decree law approved today aims to fill these legal gaps by introducing a “primary formula” with greater legislative weight than the previous ministerial decree. The objective is to shield the possibility of immediate expulsion of migrants coming from countries already identified as safe.

The relationship with the decisions of the EU Court

The decree law approved by the Council of Ministers therefore seeks to respond to the challenge posed by the ruling of the EU Court of Justice of 4 October. The Court had in fact ruled that a good part of the countries included in the Italian list could not be considered safe from the point of view of the protection of migrants' rights. Among these countries there are nations in which there are strong limitations on individual freedoms, precarious living conditions or risks related to security, factors that prevent the use of immediate repatriation according to European standards.

The new decree law seeks to balance European pressure with the need to enforce national security policies and control irregular immigration. Although it is not yet clear how Italian courts will react to this new law, the government aims to achieve greater compliance by judges, thanks to a more structured and legally challengeable regulation.

Impact and future prospects

Despite the adoption of the decree, some uncertainties remain about the practical effectiveness of the new legislation. In particular, it remains to be seen whether Italian courts will change their attitude regarding the detention and repatriation of migrants.

The decisions of the EU Court will continue to influence the European and Italian legal framework, however, today's provision represents a determined attempt to regain greater autonomy in the management of expulsions, seeking to obtain faster and more effective results in the fight against irregular immigration.

The success of these new rules will depend largely on the reaction of the Italian courts and the government's ability to maintain a balance between national security needs and compliance with international human rights obligations.