Italian judges overturned detention orders for seven migrants sent to Albania, blocking Italy’s outsourcing plan for the second time. The ruling sparks further tensions between the judiciary and government and even Elon Musk had waded in on divisive court decision.
The ruling has sparked further tensions between the judiciary and the government, with some politicians accusing judges of being politicised – writes Euronews.
Judge Silvia Albano, of the Court of Rome, expressed frustration, saying she had been targeted by a campaign of personal attacks fuelled by some media and politicians, including Prime Minister Giorgia Meloni. She also faced death threats after the decision regarding the detention of twelve migrants in October. Albano critisized what she calls “the government’s attempts to undermine the judiciary”, stressing that judges must uphold the Constitution and legal rights, even if it means opposing government policies.
On the other hand, Deputy Prime Minister Matteo Salvini criticised the ruling, calling it another “political decision” that undermines Italy’s security. He accused judges of sabotaging the government’s laws.
Musk Intervene
Another criticism came from overseas, Tesla-owner Elon Musk wrote on Tuesday on X that “these judges need to go”. He was referring to judges who had ruled against Meloni’s initiative. In a later post, the Musk wrote: “This is unacceptable. Do the people of Italy live in a democracy or does an unelected autocracy make the decisions?”
Europe should not become Trump’s and Musk’s playground, this tweet is dystopic. Italy’s judiciary is now under fire – not only by its own government – but by one of the richest men on earth. We must protect judicial independence in Italy and across Europe. https://t.co/4IXNAmwChw
— Anna Strolenberg (@annastrolenberg) November 13, 2024
While Italy’s President, Sergio Mattarella reacted in an unusual statement, which did not name Musk but was clearly referring to him, Italy “knows how to take care of itself while respecting its Constitution,” PM Georgia Meloni has not commented on Musk’s posts. Unlike Salvini, who agreed with Musk’s opinion.
A court in Rome has suspended the approval of detention orders for seven migrants who were relocated last week to a repatriation centre in Albania established by Italy.
Monday’s ruling has blocked the Italian government’s efforts for the second time to implement its plan to outsource the reception and repatriation of migrants, as part of an agreement signed with Tirana last year.
European Law vs National Law
The seven asylum seekers are from Egypt and Bangladesh, the two countries at the center of an ongoing dispute between the judiciary and the government.
The conflict began when the government appealed a similar decision from last month to the Court of Cassation, which is expected to rule on the case in December.
However, according to the law, European law takes precedence over national law in case of conflict. As a result, the seven migrants will be transferred back to Italy and released, similar to the first group of migrants who returned last month, while awaiting a ruling from the European Court of Justice (ECJ).
Meanwhile, the government introduced a new decree in late October, updating the list of “safe countries” to bypass legal obstacles posed by EU law. The court’s ruling is a major setback for the scheme, which was touted by Meloni as an effective way to stem the flow of irregular migration into Italy and was eyed as an attractive policy by several other European countries.