La Cassazione: “Politics decides the country is safe, but it matters what it is” - News

“In the democratic circuit of popular representation, the political style would prevail, in accordance with European discipline, a different regime in the same field of activity for foreigners who came from countries of origin designated as safe.” And dunque the giudice “cannot replace the Minister of Esteri Affairs” but “can annul with effect all ministerial decrees”.

The court “can value the support of the presuppositions of legitimacy of the designation, and possibly disappear by incident, in part, the ministerial decree recites the list of security countries”. It is a sentence of the Civil Court of Cassation which responded to a preferential regime of the court of Rome preceding the decree according to which the government modified the list of safe countries.

With a note from the Cassation, he provided a deposit and took a risk for the court of Rome on July 1st. “The First Civil Section of the Court of Cassation, within the framework of ordinary justice and the guarantee of the effect, in a single concrete case to itself, the fundamental rights of the rich asylum – if the law – confirmed that it is reserved for the democratic circuit of popular representation of the political style of it provided, in accordance with European discipline, a different regime of this same field of activity for foreigners who came from the country of origin designated as security”. “The giudice ordinario – sue the Corte – quindi, cannot replace the minister of esteri affairs. Non può neppure annul with effecti erga omnes the ministerial decree”.

Può tout, says the Court of Cassation, “in the normative environment prior to the decree-law of October 23, 2024, n. 158, and the law of December 9, 2024, n. 187, at the same time, supplemented and ex nunc, enhance the support of the presuppositions of the legitimacy of the designation, and possibly disappear incidentally, in part because the ministerial decree recites the list security countries (second to discipline ratione temporis), allocating the designation made by the governmental authority contrasted in manifest mode, held with the police institutions qualified as cui all’art 37. of directive 2013/32/EU, with the stability qualification criteria of the European or national standard”.

Furthermore, conclude the Ermellini, “the guarantee of the effect of income and guardianship, the judgment preserves the institution potere cognitorio, inspired the principle of institutional cooperation, where it richly abbia adequately dedotto the insicurezza nelle circostanze specifiche in cui thus, in the latter case, the governmental valuation according to the safe nature of the country of origin is not decisive, but there is no problem of non-application of the ministerial decree”.