ROMA (ITALPRESS) – A free way of the Council of Ministers to the draft decree-law containing urgent measures in the field of justice and the implementation of the European Union’s pact on migration and asylum.
The EU Migration and Asylum Pact will be in effect from 12 June 2026 and the decree approved today by the Council of Ministers will serve to “immediately implement the asylum procedures at the frontier that Union law makes mandatory for certain categories of applicants”, reads in a summary sheet spread by Palazzo Chigi at the end of the Cdm. In implementation of the decision of the European Commission which has quantified the appropriate capacity of the Member States and the maximum annual number of applications to be examined in the border procedure, Italy “will have to examine with frontier procedure, in the first period of application between 12 June 2026 and 12 June 2027, up to 16.032 annual questions”.
The border procedure, in implementation of the provisions of the new Covenant, will find mandatory application in the case of dangerous subjects for national security; coming from countries which present a rate of acceptance of applications less than 20 percent or who have submitted false information or documents. The procedures “must end within the total maximum period of twelve weeks”.
Hence “the need for the national order to fix the terms of the administrative phase and those of the process phase in a manner consistent with this maximum limit” and “to ensure the necessary reinforcements for the administrative and judicial offices chye will be engaged in this activity”. The new rules of the Covenant stipulate that for the duration of the border procedure, the applicant is required, as a rule, to stay at the external frontier or close to it, in a transit zone or in other places designated by the Member State, without which this entails authorization to enter the national territory, subject to the occurrence of the conditions for detention. “This involves the need to identify the places where the applicant must remain during this procedure.”.
In addition, as a corollary of the effectiveness of the frontier procedure, “it is necessary to introduce in the internal order the provisions that allow the adoption of decisions of rejection of greater rigour, with specific regard to the hypotheses of inadmissibility, manifests unfoundedness and implicit withdrawal of the application”. Finally, “particularly incisive is the prediction of the person’s detention at the frontier that allows the foreigner to be available for a maximum of 72 hours in the more of the investigations on the identity and danger of the same”.
PIANTEDOSI “ATTUAZIONE PATTO UE ASILO È RIVOLUZIONE”
“In the immigration measure there are some important provisions related to the implementation of the European Migration and Asylum Pact, which will enter into force from 12 June: we wanted, without depotentiating the other yards opened by the government, to anticipate some rules that allow us to immediately implement this new regulatory process by the European Union from 13 June”. The Minister of the Interior Matteo Piantedosi at the press conference after the Council of Ministers. The goal, “is to define, in better and greater times, who are the persons who have the title to the recognition of refugee status and who not: the latter will then be subjected to different procedures, almost always of repatriation”. It is a “Copernican revolution for us, which we believe we have been key players in the reformer process of the asylum system at European level: Meloni has committed itself in this regard in all the contexts in which in these years we have discussed the need to introduce these norms; many countries of the Union have been brought to the Italian positions and this makes us very satisfied.”.
“We have communicated the National Plan of the infrastructures of welcome and management of the new rules of the Covenant and have valued what we have done in these years, with six thousand reception centers spread on the national territory – continues Piantedosi, – Over the years we have sedimented a sometimes instrumental use of the rules to preside over the access to international protection or refugee status, which entails certain administrative times and experiment of the judicial phase. This means that the very noble instrument of the use of asylum has become a subrectile use in order to remain on the national territory: to reconcile the possibility of access to the asylum system to anyone who requests it and a need for greater rigour in times and controls has been envisaged at the frontier ‘accelerated’ procedures,” he explains. “First of all, already with the European regulations it has been foreseen that the total maximum expletion between the administrative and judicial phase is twelve weeks: we have defined the subjects in respect of which to apply the mandatory frontier procedures, they are dangerous people for national security or coming from countries that present a rate of acceptance of the applications below 20% or that they have submitted false documents,” explains Piantedosi.
In these cases, “the possibility of being sent to temporary places of reception and residence is foreseen that sending to these places as the first measure of temperament limitation of freedom of movement takes place in a place where the data subject must be available for the twelve weeks of completion of the procedures; in case of violation they take considerations imposed by the European rules”, he concludes.
GIUSTIZIA, NORDIO “RINNOVATO MODELLO ACCESSO A PROFESSIONE FORENSE”
“We have renewed the model of access to the forensic profession: at the request of the lawyers we have returned to an old model of professional examination that had been abandoned years ago, disqualifying access to the profession; we have welcomed initiatives and suggestions of the National Council forensics to report the examination of qualification in its original tracks, with written evidence and oral of greater seriousness.” The Minister of Justice Carlo Nordio underlines this at the press conference after the Council of Ministers. “We have also adapted to European obligations the order on industrial property and have adopted a measure on the figure of the collegial Gip: one of our most qualified and guaranteed reforms was to devolve to this organ, consisting of three judges, the competence to issue the order of precautionary custody, that is the so-called preventive prison; the two fundamental elements of the reform are the preventive interrogation and the devolution precisely to a more appropriate body”.
“Today the Tribunal of the Reassessment very often frees persons imprisoned by the monocratic judge, immediately devolving to the collegiality of the Gip this competence which must be coordinated with the principle of presumption of innocence of the accused: we think that this can also serve the deflation of the prison population. This rule has found difficulties in the application and transformation of the acts in an telematic way, making in a certain sense impossible the implementation of the norm that has been so postponed to February 2027: we are sure that within that term my ministry will have finished this path, allowing telematic justice also for this important organ,” Nordio concludes.
– Photo IPA Agency –
(ITALPRESS).
