"Ideological views show the emergence of paradoxical positions, that little by little are being solved," stated the Minister of Interior, Matteo Piantedosi, on May 21, voicing a new critique against a part of the judicial system on the issue of migration.

According to the Minister, "some of (the judicial system's) opinions had a clear ideological flavor and were debunked by rational considerations. This is not beneficial for the credibility of the institution."

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Constitutional Court examines the Piantedosi Decree

Piantedosi called it a "paradox" that we have reached a point in which "countries where Italians go to on vacation without any problem" are considered unsafe for repatriation.

"But the wind is changing and there is a progressive evolution of Europe toward the path indicated by the Meloni government," he stated.

These words were pronounced the same day that the Italian Constitutional Court started examining the Piantedosi Decree, which in January 2023 introduced stringent measures on the activities of NGOs active in helping migrants.

Constitutional issues concerning it have already been raised by the Court of Brindisi as part of the judgment on the appeal with which the NGO SOS Mediterranée had contested the administrative detention of its ship, the Ocean Viking, on February 9, 2024, after the vessel saved 261 people at sea.

On the morning of May 21, a public hearing took place before Constitutional judges, and the sentence is expected to be announced in the coming days.

"We ask that the law be declared unconstitutional," said lawyer Dario Belluccio, legal representative for SOS Méditerranée, adding that the decree is "punitive, as it criminalizes, and should therefore be eliminated from the legal system because it goes against international obligations".

The lawyer highlighted that "international conventions oblige the rescue of people at sea in all cases and in all circumstances".

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SOS Méditerranée and the State Attorney's office hold different positions

According to SOS Méditerranée, "Italian authorities cannot sanction the activities of the NGO's ship that saves people at sea. It is an ethical and judicial obligation for everyone to rescue people who have been shipwrecked."

Furthermore, according to the lawyer of the humanitarian organization, "you cannot rely on the indications of Libyan authorities. They are not subjects who have been constituted legally nor do they respect international laws and the fundamental rights of people."

Concerning the detention of the ship Ocean Viking, "the Captain received the order to abandon the operation search area but for a ship as big as that one it is impossible to abandon it without causing the sinking of the dinghy, aside from the fact of handing over those people to criminals."

The State Attorney held a different position and considered the detention "constitutionally legitimate."

State Attorney Lorenzo D'Ascia, before the Court, described it as "a soft sanction: 20 days of detention for the ship which does not block the Captain (from conducting his work)."

"The main goal of the sanction is to avoid that a similar activity can be repeated using the same ship, endangering the ordinary management of rescue missions and also security and public order at national and international level," argued D'Ascia, underscoring the administrative nature of the sanction.