While awaiting the ruling of the Court of Justice of the EU on the issue of detention of migrants in the CPR in Albania, this morning, according to what LaPresse has learned, the judges of the immigration section of the civil court of Rome suspended two further detention measures , who were taken to the Albanian CPR of Gjader last October. Two measures had already been suspended yesterday. “This Court – the judges write in the dispositive notification to the defender, Paolo Iafrate, – has submitted to the EU Court of Justice some preliminary questions regarding the designation of countries of safe origin by Legislative Decree no. 158/2024; it was deemed necessary to wait for the decision of the Court of Justice on the preliminary questions proposed; however, it was considered that prolonging the time needed for the decision on the suspension request would have negative repercussions on the subjective position of the asylum seeker, both in terms of the right of residence on the national territory who is continuously in possession of the temporary residence permit, given that paragraph 4 of art. 35 ter of Legislative Decree no. 25/2008 provides that this residence permit is issued when the suspension request is accepted; pending the decision of the Court of Justice, the suspension of the executive effectiveness of the contested provision”.
“We have filed the counter-appeals for all three asylum seekers, now we are waiting”, explained the lawyer Iafrate, an expert in immigration law and lawyer of three citizens whose detentions on 18 October were not validated by the Rome court. Albanian first reception centre. A sentence, yesterday’s, which had even been anticipated by the president of the Democratic Judiciary current. “The immigration section of the Court of Rome has already met and there is a report, there are important legal issues to be addressed and they are not the positions of individual magistrates”, he declared, and then added: “On the supremacy of European law there is no nothing can be done about it, it’s the government that seeks conflict.” Words that provoked a prompt response from Forza Italia group leader in the Senate Maurizio Gasparri: “We would like to know from Dr. Albano why she gave the impression of knowing in advance the times and contents of sentences regarding immigration. I will ask about her and an inspection of his offices by the Ministry of Justice, not being certain of obtaining it, but being determined to ask for it also in the next few hours in the classrooms of Palazzo Madama”.
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