Palermo court refers Cutro legislation to EU court

(ANSA) - ROME, NOV 6 - The special immigration unit of the tribunal of Palermo has suspended a decision regarding the detention of two migrants under so-called Cutro legislation regulating accelerated border procedures and referred the case to the European Court of Justice, judicial sources said on Wednesday.
    The Palermo judges in particular asked the European court to clarify whether EU legislation should be interpreted as defining a third country unsafe "if there are categories of people for whom the substantial conditions of such a designation outlined by EU directives are not satisfied".
    The court has ordered the interim release of two migrants, pending the decision of the European Court of Justice.
    The Cutro legislation on migration, first set out in a government decree passed in the wake of the February 26 shipwreck last year, includes controversial restrictions to Italy's protection regime for refugees and asylum seekers and measures aiming to counter irregular migration.
    Last month, the tribunal of Bologna also referred to the European Court of Justice a new government decree defining a list of safe countries for repatriation to ask which parameter should be used when determining safety and whether the principle of the primacy of EU law should prevail if a conflict arises with Italian legislation. (ANSA).