WORLD WORLDWIDE EUROPE ITALY - news journal UPDATE - (en) Italy, FAI, Umanita Nova #33: Deportations to Albania: between fascist authoritarianism and war on the poor. A story we have already seen. (ca, de, it, pt, tr)[machine translation]

 At the time of writing, the controversy over the failure of the Rome

court to validate the detention and expulsion procedure against sixteen
immigrants deported with great fanfare to the Gjader detention center in
Albania amidst the fanfare of the Meloni government has not yet died
down. ----- This was supposed to be the first official act of the new
government strategy for what fascists like to call "the defense of the
borders." And in fact, also to be consistent with the militaristic and
bellicose language used to fight this perennial war on the poor, a
military ship, the Libra, was even mobilized to transfer those sixteen
poor wretches to one of the new migrant concentration camps that Italy
has set up in a foreign country - Albania - probably touching one of the
lowest and most shameful points in the political history of this country.

On the pages of Umanità Nova we have already dealt (number 36 of 2023)
with the Italian detention centers in Albania and with this cynical plan
to externalize the borders devised with the protocol between Rome and
Tirana. Almost a year later, the government was abruptly stopped by the
Rome court which did not validate the detention of the sixteen for two
very simple reasons: four of them are minors (and the Italian-Albanian
protocol expressly excludes the transfer of women and children to the
centers of Gjader and Shengjin), while the other twelve come from Egypt
and Bangladesh, that is, countries considered "unsafe" and to which the
unfortunate people cannot and must not be repatriated.

The judges in Rome justified their decision by citing a ruling from last
October by the European Court of Justice which noted that "the denial"
of validation of detention in Albanian facilities is due to "the
impossibility of recognizing the countries of origin of the detained
persons as safe countries, with the consequence of the inapplicability
of the border procedure".

The government's reactions, from Giorgia Meloni to Interior Minister
Piantedosi, including the usual Salvini, have been angry and vulgar,
with the classic statements bordering on subversive, and the resurgence
of the clash between the executive and the judiciary in which the latter
is accused of being politicized "to the left".

At Palazzo Chigi they struggle to understand (or pretend not to
understand) that the judges of the eighteenth section of the Rome court
have not invented anything at all. They simply applied the law
considering, on the one hand, the ban on deportation for vulnerable
individuals (provided for by the protocol signed by Meloni with her
Albanian counterpart) and, on the other, the indications in the European
context regarding international protection that are based on directive
no. 32 of 2013 (to which the ruling of the Court of Justice referred).

In light of all this, it is truly disturbing the forcing with which the
government wanted to put down in black and white - by means of a decree
- its own list of safe countries in the belief that it is the states
that should establish this kind of thing, and certainly not the judiciary.

And if for Europe the truly safe countries were - until the other day -
twenty-two, with this new decree Italy reduces the number to nineteen,
excluding from the list Cameroon, Colombia and Nigeria, countries in
which clear violations of human rights are documented or conflicts are
underway, and towards which it would be truly impossible to organize a
repatriation without bureaucratic headaches.

So, from today, it is the Italian government that establishes which
countries are "safe", in the belief that - from now on - judges will no
longer be able to put a spoke in the wheels of accelerated border
procedures. "The judge cannot disapply a law, I would tend to exclude
that he can disapply it", said the Minister of Justice Nordio, in a
press conference.

And instead, yes. Nordio should know that judges can and must disapply
the law if it conflicts with European legislation because this is
superior to the national law. This is precisely the ABC of jurisprudence.

It is not easy to predict how this story will end. The essential fact is
that this government, for political and propaganda reasons, is
implementing a series of exquisitely authoritarian initiatives in
contempt of any respect for the forms and limits on which democratic
institutions are structured. It is certainly not up to us to assume the
ex officio defense of democracy, of course. But at the same time we are
not even interested in reiterating, on this occasion, how disgusting the
institutions are just because we have to fulfill our duty as anarchists.
Those who know us already know what we think and what kind of society we
want to build.

What we want to emphasize instead, addressing especially those who do
not think exactly like us, is that this government is willing to do
anything to pursue its own repressive and discriminatory goals. It is a
government that does not hesitate to cause institutional short circuits,
to bend the law to its own use and consumption, to issue decrees or laws
that are clearly incompatible with the national or supranational legal
system. All of this, as always, at the expense of the weakest, the
poorest, or those who try to raise their heads.

A story already seen, that we know well, and that is repeating itself.

TAZ laboratory of libertarian communication

https://umanitanova.org/deportazioni-in-albania-tra-autoritarismo-fascista-e-guerra-ai-poveri-una-storia-gia-vista/
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