The Bologna court that referred a new
government decree listing safe countries for repatriation to the
European Court of Justice on Tuesday questioned the principle
according to which a nation in which the majority of the
population lives in security can be described as safe, given
that the international protection system is aimed in particular
at protecting minorities, citing the paradox of Nazi Germany.
Nazi Germany was extremely safe for the great majority of the
German population, with the exception of Jews, homosexuals,
members of the political opposition and Roma people, it said.
The Bologna court referred to the European Court of Justice the
decree 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.
The legal questions were issued in relation to an appeal
presented by an asylum seeker from Bangladesh against the
territorial commission for the recognition of international
protection.
And the court explicitly referred to Bangladesh, which the new
decree lists as a safe country, recalling that international
protection is granted to Lgbtqi+ community members, victims of
gender violence, ethnic and religious minorities and people
forcibly displaced by weather-related events.
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