The European Union abolishes the right to asylum

The European Parliament has approved two changes to rules governing asylum procedures.Italy has approved a new crackdown on immigration, but Read

On February 10, the European Parliament illuminated two changes to European rules on asylum procedures and the list of so-called protected countries that have been debated for some time.

The applicant claims to join the European Union and is considered safe.In addition, European governments can enter into agreements with non-European countries deemed "safe" to issue asylum applications, as Italy has attempted with Albania.

The reform proposal was strongly supported by the Italian government, and by the far-right party, the European People's Party (EPP).Italian Interior Minister Matteo Piantedosi noted that the approval of the two reforms was a success in Italy.While organizations responsible for migration and asylum consider the text as a failure and condemn the removal of the right to asylum in Europe.

"For the first time we have a European list of safe countries of origin. These procedures are less guaranteed and expose people to the risk of expulsion", commented the Italian Council for Refugees (Cir).

The relations in the asylum and immigration table expressed "great concern about the legal development that threatens the core of the right to asylum in the European Union. We ask the European and national institutions to stop this practice of cancellation of guarantees, to respect international obligations and to allow the protection of the fundamental rights of persons seeking protection in political residence. escape".

The new safe third country concept "further lowers the standards of protection. Security is assessed on the basis of minimal and formal requirements, without specific verification of effective rights protection, in open contradiction to the standards of the 1951 Geneva Convention".

The mechanisms of inadmissibility of asylum applications are therefore strengthened, which allow transfers to third countries even in the absence of any real link with the applicant or in the presence of a bilateral agreement for the reception of asylum seekers, even to countries where the person has never been and before an effective appeal is guaranteed.

"Does anyone who voted really think that Egypt and Tunisia are safe third countries? Is it not enough for Tunisian guards to listen to the testimonies of people sold to the Libyan militia in southern Tunisia to understand that the country is only safe for people who commit crimes against humanity?", asked ARSI spokesman Filippo Miraglia.

"Egypt is a safe country for friends of the regime, but not for those who do not think like El-Sisi and do not criticize his government. The latter risks disappearing forever or being locked up without trial in the terrible prisons of the regime. But it is clear that the reality for the politicians who voted for these two measures is unimportant, and concludes propaganda matters more.

I due regolamenti costituiscono una modifica regressiva di regolamenti sulle procedure di asilo non ancora entrati in vigore, varati nel 2024 in attuazione del Patto europeo sulla migrazione e l’asilo, che erano ritenuti troppo “garantisti” dalla maggioranza che si è formata nel parlamento europeo, con la saldatura tra i popolari e le destre populiste.

"Not only is the effective field of the right of asylum effectively lost; But the fundamental rights of citizens are abolished if they are forced to return to their country of origin. When the procedure is completed and the right to protection is not effectively implemented," said Fulvio Vassallo Paleoloco, immigration lawyer, "Refusal of deportation cannot stop their releasetheir right to life."

Many argue that after the implementation of this new regulation, Italy will be able to complete cooperation projects with Albania.However, according to Fulvio Vassallo Paleologo, this is not the case: "There will still be inalienable legal guarantees and defense rights and the European Union itself must express its opinion on individual bilateral agreements, trying to reach uniform negotiation parameters with third countries, the parameters agreed today seem far-fetched, as well as purely economic reasons.

According to legal experts,The Albanian model still lacks legal protection at the European level.And the same is true of the draft law regarding the so-called naval blockade.which the Italian government is trying to include in the new draft law.Even though it is currently against many national and international regulations.

New draft law

On the initiative of the Ministry of the Interior, under refugee pressure, humanitarian vessels may be refused entry to Italian waters.

There is a possibility of prohibition for a period not exceeding thirty days, extended for another thirty and up to a maximum of six months, to cross the territorial waters, "in cases of serious threat to public order or national security."

The threat is understood as "the concrete risk of terrorist acts or infiltration of terrorists into the national territory, extraordinary immigration pressure, such as compromising secure control of borders, major health emergencies and high-level international events requiring the adoption of extraordinary security measures".The ban is established by decision of the Council of Ministers on the advice of the Minister of the Interior.Immigrants in boats under the law can also be taken to third countries other than those they belong to or are in, with which Italy has concluded agreements.

This innovation actually goes against many international laws on rescue at sea signed by Italy, so its application can be challenged in court.Non-governmental organizations that violate the embargo are subject to a fine of fifty thousand euros and administrative detention.

The text also provides restrictions on family reunification and additional restrictions on migrants held in repatriation detention facilities, such as bans on the use of telephones and recording of conditions in the facilities.

The types of family members who can apply for reunification are limited.For example, marriages performed abroad will need to be registered in Italy.In general, dependency on older children is not excluded in case of disability.As well as dependent parents if they do not have children in their country or if they are over 65 years old.of the family, with the provision of access to free legal assistance.

The income required to apply for joint benefits will be lower, so it is necessary to show that you earn more than what is required now.For foreign children who are not of foreign age, the law known as Zampa has been modified, and the age until a foreign child can be accepted is reduced from 21 to 19 years.Additional provisions relate to voluntary return and appointment of a guardian.Entry and stay for the purpose of education of foreign children is permitted only to children fourteen years of age.

This article is adapted from Frontier Financial.

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