It was one of the flag rules of the first security decree, on which some mayors had challenged the then Minister of the Interior Matteo Salvini, announcing the conscientious objection: we will continue to register asylum seekers in the municipal registry despite the prohibition provided by law, he promised the first citizen of PalermThe Leoluca Orlando together with his other colleagues, more or less famous. Now that arrangement has been declared illegitimate by the Constitutional Court, that has deleted some lines of article 13 of the “Salvini Decree” with “unreasonable” and “intrinsically irrational” effects.
–
A sentence with an evident political meaning, of which the judges of the Consulta have anticipated the content even before the reasons, which will be written and made known in the coming weeks. The Court found the violation of article 3 of the Constitution, what establishes the equality of citizens before the law,“Without distinction of sex, race, language, religion” or other gender.
–
The verdict is going to affect one of the symbolic reforms of the Conte 1 government with a five-star League majority, that the Count 2 (supported by Pd and Five stars) should change according to schedule. IS according to the findings indicated by the President of the Republic Sergio Mattarella, which on 4 October 2018 had accompanied the signing of the decree to one letter addressed to the premier: “I feel the obligation to emphasize that, in this matter, the constitutional and international obligations of the State remain, even if not expressly referred to in the normative text”.
–
In the draft reform that the working group set up by the Interior Minister Luciana Lamorgese is struggling to develop, the inclusion of aspiring refugees in the registry records is reintroduced, but the court came earlier.
–
They had turned to the Consultathe courts of Milan(backed by the Municipality led by the mayor Giuseppe Sala), Ancona and Ferrara, contesting both the form of the provision (a decree that amended 28 laws on very different matters, therefore considered abusive), and the substance: failure to register, preventing asylum seekers from taking advantage of some essential rights and services (the issue of a license, to name one) results in discrimination not only between Italians and foreigners, but also among foreigners themselves. “A difference in treatment that affects the refugee reception obligation,” he explained during the hearing Valerio Onida, former president of the Consulta, who as a lawyer pleaded the case of an asylum seeker.
–
The Court did not accept the findings on the form of the decree, considering it legitimate, but those on the substance, rejecting its content. For two basic reasons. The first is that failure to register with the registry produces a «unreasonable difference in treatment which makes it unjustifiably more difficult for asylum seekers to access services which are also guaranteed to them “; not being recognized as a local resident imposes a series of limitations and complications in the daily life of foreigners who wait to know if they will be accepted as refugees, without this being balanced by the protection of valid opposing interests.
–
The other reason for the rejection concerns the very reasons why the reform was wanted and approved by the government and Parliament, that is increase the country’s security level. On the contrary, the constitutional judges have established, “the contested rule does not facilitate the pursuit of the territorial control purposes declared by the security decree”. As claimed by the lawyer of the Municipality of Milan, «The gaps in the registry framework are dangerous»Because fixing people’s homes is also a way to make their surveillance easier. In defense of the decree, the state lawyer had argued that there were no discriminatory intentions, but only the will to rationalize the municipal bureaucracy while waiting for the refugee to have a certain situation, also regarding the place of residence. But it did not convince the Court.
–
–
July 9, 2020 (change July 9, 2020 | 23:06)
© RESERVED REPRODUCTION
–
