Iolanda Apostolico was the first judge to overturn a detention order for four migrants requested under the so-called Cutro decree. The decree says that they migrants from safe countries of origins are to be detained while their asylum claim is being examined, effectively being treated as criminals.

On Wednesday, October 11, Apostolico again rejected an order for four Tunisian migrants to be held at a pre-removal center in the Sicilian port town of Pozzallo.

Following Apostolico's repeated refusal to apply the law, 100 intellectuals, mostly senior judges, have voiced their support for the judge in an open letter.

More and more judges have also recently overturned similar detention orders for migrants held in pre-removal centers on the grounds that the government legislation, in their view, is illegitimate.

Preparing a case against Apostolico

Now the League party, led by Matteo Salvini, is calling for Apostolico's resignation.

Claiming that Apostolico she is biased and therefore unfit to serve as a judge, the League party has been sharing a video on social media, showing her at a protest in Catania in 2018 against the closed-ports policy introduced by then-interior minister Salvini.

Apostolico is seen in the video joining calls for the immediate disembarkation of rescued migrants kept onboard the coast guard ship Diciotti despite the Salvini decree banning this from happening.

Turning against Italy's constitution

However, those supporting Apostolico says that this amounts to an orchestrated attack against the judge, amounting to "an open aggression to two fundamental principles of the Republic's Constitution: the separation of powers with the independence of the judiciary, and the freedom to participate in a meeting exercised by Apostolico as a citizen."

The signatories of the letter condemned the "illegitimate operation of filing information" against the magistrate, referring to videos of Apostolico at the protest, and singled out Salvini in particular as the main agitator.

Their added that her decisions as a judge may be criticized, stressing however that "it is intolerable, under the rule of law" for politicians to attack the judge responsible "with insults and threats" that are "unprecedented."

Undermining judiciary independence

Matteo Salvini's party is also exploring the option of introducing reforms, modifying the duties of specialised sections in Italian tribunals dealing with immigration.

The League wants to hand over government powers to courts, which have overturned detention orders in decisions opposed by the government.

However, it is uncertain whether the League will present the proposal directly or leave it up to government to table the changes.