The issue of the right to asylum concerns Europe. For this reason the Court of Cassation, called to decide on the appeal of the Interior Ministry against the provisions of the judge of Catania Apostolico and of the others who decided to disapply the Cutro decree in the part that concerns the accelerated border procedures for migrants coming from safe countries, therefore it decided to suspend the measures pending the ruling of the European Court of Justice.
Migrants, Cutro effect: the long wait for the asylum request. “Days queuing just to get the formalization appointment. Which could be in a year”
by Alessandra Ziniti
The provision which was notified this morning to the legal defenders of the migrants who had first been detained in the center of Pozzallo and then released (including the lawyer Rosa Maria Lo Faro) and partly reflects the position of the General Prosecutor’s Office which had requested the referral of documents to the European Court of Justice on the issue of the 5,000 euro deposit requested from migrants to await the verdict on the possible granting of an asylum permit in freedom.
Migrant suicide, a psychologist from the Trapani CPR had warned: “Ousmane is ill, he cannot stay in a center like this”
by Alessandra Ziniti
According to the verdict just filed in the Court of Cassation, “the reference for a preliminary ruling concerns a question on the common European asylum system, which constitutes one of the fundamental elements of the European Union’s objective relating to the progressive establishment of an area of freedom, security and justice open to all those who, driven by circumstances, legitimately seek protection in the Union”.
The amount contemplated in the Cutro Decree concerns the payment of a fixed sum of 4,938 euros to be paid through a bank guarantee or an insurance guarantee policy; At present it does not provide for third parties to be able to pay the sum on behalf of the interested party. The payment of the sum would constitute the alternative to withholding it.
In particular, the United Civil Sections ask the EU Court whether the 2013 rules of the European Parliament and the Council “prevent”, in terms of financial guarantees, “a regulation of domestic law”. A regulation which “envisages, as an alternative measure to the detention of the applicant (who has not handed over his passport or other equivalent document), the provision of a financial guarantee whose amount is established as a fixed amount (in the lump sum amount determined for the year 2023 in 4,938.00 euros, to be paid individually, via bank guarantee or insurance guarantee policy) – explains the Court of Cassation in a note – rather than in a variable amount, without allowing any adaptation of the amount to the individual situation of the applicant, nor the possibility of establishing the guarantee itself through the intervention of third parties, albeit in the context of forms of family solidarity, thus imposing methods likely to hinder the use of the alternative measure by those who do not have adequate resources, as well as precluding the adoption of a decision motivated that examines and evaluates on a case-by-case basis the reasonableness and proportionality of such a measure in relation to the applicant’s situation”
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– 2024-04-02 21:46:24
