The European Court of Justice has suspended a case sent at the end of October by the tribunal of Bologna seeking an interpretation of the government's decree on so-called 'safe countries' that stemmed from the appeal of a Bangladeshi asylum seeker.
The European Court of Justice has suspended a case referred at the end of October by the tribunal of Bologna which had sought an interpretation of a government decree listing 19 safe countries for repatriation as part of accelerated procedures to process applications for international protection.
The case had stemmed from an appeal filed by an asylum seeker from Bangladesh, a country listed as safe by the decree.
The procedure has been suspended ahead of a sentence on two other cases presented by other Italian tribunals on the same instance which have been aggregated.
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Case caused controversy between the government and magistrates
The court in Bologna had referred the case to the Luxembourg-based court to ask which parameter needed to prevail in defining so-called safe countries and whether the primacy of EU legislation over national law should remain in case of conflict.
The Bologna judges last month referred the measure defining a list of safe countries to the EU court to ask whether the principle of the primacy of EU law should prevail after the government measure listing 19 countries, including Bangladesh, as safe, said Italian courts could not rule against it on the basis of an October 4 European Court of Justice sentence that motivated another decision by Rome judges to nix the detention of a group of migrants at a new Italian-run center in Albania last month.
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The move sparked accusations, including from members of Premier Giorgia Meloni's government, that the judiciary was encroaching the political realm.
Last week, the judiciary's self-governing body, the Superior Council of Magistrates (CSM) approved by a large majority, including all magistrate members of the body, a resolution for the safeguard of the Bologna judges behind the decision.
The appeal to the Bologna court was filed by attorney Francesco Umberto Furnari after his client, a 30-year-old man from Bangladesh, had seen his request for international protection rejected by the territorial commission in charge of the case in Forlì-Cesena, Emilia Romagna.
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