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.
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