Just approved The High Council of Judges instantly rejected the text set down, with a non-binding opinion, the part of the provision which removes the competence to validate migrant detention from specialized sections of the Courts and entrusts it to the Courts of Appeal. According to the CSM, in fact, this measure would make the time frame longer, which would lead to the loss of the objectives set by the Pnrr. Even though magistrates may follow and assess complex procedures “lacking the necessary skills”. The decision to introduce this rule into the decree was taken in response to the failure of the Court of Rome to validate the detention of migrants who wanted to be brought to Albania due to incompatibility with European legislation.
SAFE COUNTRIES – The safety of the applicant in his country of origin is a basic criterion for establishing the validity of an request for international protection. After the Court of Rome annulled migrants from Egypt and detained a bangladeshi in centers in Albania (countries considered unsafe by the Court of Justice of the European Union), the government decided to list safe countries in time according to the law . They are: Albania, Algeria, Bangladesh, Bosnia and herzegovina, Cape Verde, Ivory Coast, Egypt, Gambia, Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro, Peru, the Senegal, Serbia, sri Lanka and Tunisia. The list follows the 2024 decree of the Minister of Foreign Affairs,except for three countries (Cameroon,Colombia,Nigeria) for which critical aspects have been identified.The text also provides for annual information from the Government, through a report sent to the competent parliamentary commissions, regarding the identification of safe countries of origin.
JURISDICTION OF THE COURTS OF APPEALS – With approval during the examination in the Commission on the Chamber for an amendment from the reporter Sara Kelany (Fdi), the opposition renamed Musk’s amendment because he presented it after an attack made by the owner of the exclusive jurisdiction of the Court.to the Court of Appeal in monolithic composition for the procedures to validate the detention order or to validate the detention ordered by the police commissioner in relation to the applicant for international protection.
INTERIM STANDARD – After the presidents of the appellate courts objected to the new competences and morality of the Court, it was decided that the new rules regarding the appeal of the decrees regarding international protection would be recognized and the competent State resolute. the examination of the application for international protection will come into force 30 days after the entry into force of the law amending the decree-law to give time to the Courts of Appeal to organize themselves.
PHONE INSPECTION – If the alien tracked during an irregular border crossing or arriving after rescue operations at sea does not cooperate with the authorities to ascertain his identity, the police commissioner may order immediate access to the electronic devices in his possession: mobile phones, PDAs, smartphones, tablets, notebooks.
FAMILY REUNIFICATION - For the reunification of a family member, legal residence for at least two years in the national territory is required for foreign citizens. Another requirement is the proportionality of the accommodation, which is linked to the verification of the number of occupants and the minimum surface and hygiene-sanitary requirements.NGO SHIPS The deadline by which the administrative detention order of an NGO ship rescuing migrants at sea can be challenged before the statute is reduced from 60 to 10 days.
REVOCATION OF SPECIAL PROTECTION – The provision assigns to the National Commission for the right of asylum the obligation for revoking the so-called special protection, which is admitted if there are well-founded reasons to believe that the foreign citizen is a danger to the security of the State. .
Rejection of NEW hypothesis – The introduced amendment extends the possibility of ordering a refusal to be accompanied to the border also to foreigners found in border control operations, including rescue operations at sea, and taken to the transit and border areas identified for the apply accelerated procedures for international applications. protection.
REDUCED APPEAL GOALS – In many cases, the deadlines for challenging international protection measures are cut in half.
SUPPLY – Awarding public contracts for supplies and services, related to vehicles and materials sold, intended to be sold or used in third countries, to strengthen border management and control capacities and migration flows on the national territory and for search activities .and rescue at sea, in accordance with the provisions relating to classified treaties. ‘Practically, it means that we no longer have any information about the patrol boats that we bring to libya or Tunisia’, says Emergency.
ADMISSION OF FOREIGN WORKERS – For 2025, up to 10,000 work permits are expected outside the annual quotas for domestic workers and carers. the entry quotas of foreign seasonal workers scheduled for 2025 are updated: the units of seasonal workers in the agricultural and tourism-hotel sectors are increased to 110,000 (47,000 must be reserved as a priority for workers in the agricultural sector).
DIGITIZATION PROCEDURES – From 2025 onwards,the procedures for requesting authorization and issuing a residence permit for work purposes will be fully digitized to reduce management times and increase controls.
SPECIAL RESIDENCE PERMIT – A special 6-month renewable residence permit is introduced for victims of labor exploitation, which protects workers who cooperate with the authorities.
CLICK DAY - The provision introduces a ‘click day’ system to manage entry requests, divided by type of worker, to improve efficiency and reduce pressure on IT systems.
SPECIAL SAFETY MEASURES – The following is introduced: the obligation to provide fingerprints to foreigners entering not only from the Schengen area; removing the obligation to notify visa refusal measures; the obligation to carry out preventive checks on the authorizations of citizens from Bangladesh, Pakistan and Sri Lanka which were most often subject to violations; adding new staff (250 units) for the immigration desks; the possibility that a seasonal worker whose contract has expired will not be fired immediately BUT will have a temporary permit lasting 60 days to look for a new job.
DOCTORS AND HEALTHCARE STAFF CUT – Until 2027, foreigners will still be allowed to practise temporarily, in the national territory, in the professions of health care and social health care workers without recognition of the respective professional qualifications obtained abroad. Also until December 31, 2025 anyone who wants to work in public or private health care or social health care facilities in italy with the exception of the rules that provide for the recognition of qualifications obtained abroad.
STATE AID – The foreign worker who is the victim of a gang master, who contributes usefully to the detection of the crime and the identification of the persons responsible, is eligible for legal assistance at the expense of the State, also with a relaxation of the income limits established as a condition for . admission to the benefit.
CORPORATE – The maximum fine provided for violations related to the supply of work and the labor market rises from 50 thousand to 60 thousand euros.
How might the changes to NGO regulations impact sea rescue operations in Italy?
Interview Between Time.news editor and Migration policy Expert
Editor: Welcome to Time.news! Today,we delve into the recent immigration reform in Italy,specifically the approved “flows decree-safe countries.” Joining us is Dr.Elena Moretti, a leading expert in migration policy. Dr. Moretti, thank you for being here!
Dr. Moretti: Thank you for having me. It’s a pleasure to discuss this meaningful topic.
Editor: Let’s start with the core changes. This decree has introduced a list of ”safe” countries for asylum seekers. What implications does this have for migrants from those countries, such as Bangladesh and egypt?
Dr. Moretti: The designation of countries as ”safe” profoundly impacts the asylum-seeking process. Essentially, if an applicant comes from a country on this list, their claims for international protection may not be considered as valid. This can lead to expedited processes for rejection,thereby affecting thousands of individuals seeking refuge from difficult situations.
Editor: That makes sense, but there seems to be a significant controversy surrounding the High Council of Judges’ rejection of the decree, especially regarding the transfer of jurisdiction. Can you explain that?
Dr. Moretti: Absolutely. The High Council of Judges raised concerns that moving the validation of migrant detention from specialized immigration sections of the courts to appellate courts would exacerbate processing times. They argue that appellate courts may not have the necesary expertise to handle complex immigration cases efficiently.This can lead to backlogs, which ultimately diminishes the intended objectives of Italy’s recovery plan.
Editor: Considering that, what do you think are the practical drawbacks of these changes?
Dr. Moretti: the practical drawbacks include a potential violation of migrants’ rights to timely legal recourse. Delays in processing could mean prolonged detention for individuals who may not even be truly unsafe, particularly if their claims are based on legitimate fears of persecution. Furthermore, the additional restrictions on family reunification add further barriers for those trying to bring loved ones to safety.
Editor: Speaking of family reunification, the new requirement for legal residence in Italy for at least two years complicates matters significantly. How do you foresee that affecting families?
Dr. Moretti: This requirement could lead to prolonged separations and increased emotional distress for families. Many migrants are fleeing crises and may not have the prospect to establish such lengthy residency. This change may discourage individuals from even attempting to reunite with their family members or accessing the protective measures they desperately need.
Editor: There are also discussions about harsher regulations for NGOs involved in sea rescues. The timeline for contesting administrative detention orders for NGO ships has been reduced from 60 to 10 days. What’s your take on this?
Dr. Moretti: This is a troubling development. Limiting the timeline for legal challenges significantly undercuts the ability of NGOs to operate effectively and advocate for the rights of rescued individuals. It creates a legal habitat that can discourage many from conducting rescue operations, perhaps leading to greater loss of life at sea.
Editor: With all these changes, where do you see Italy’s immigration policy heading in the next few years?
Dr.Moretti: It appears to be moving towards a more stringent, restrictive approach focused on deterrence rather then protection. The emphasis is shifting towards maintaining strict border control and reducing the number of individuals granted asylum. this could lead to increased tensions within international human rights frameworks and challenges in meeting the obligations of international law.
editor: Thank you, Dr.Moretti, for your insights! It seems that this decree raises numerous questions about the balance between national security and human rights. We appreciate your contribution to this vital conversation.
Dr. Moretti: It was my pleasure. I hope that future discussions will focus on how to uphold human dignity while addressing legitimate security concerns.
Editor: And thank you to our readers for tuning in today. Stay informed as we continue to explore the implications of these policies.