Migrants, Bulgherini seafarer: “France? Italy claims compliance with article 80 TfUe”

“Government seems to be stricter, ask Malta to reduce the SAR area, adopt other criteria in the Dublin regulation and agree with Libya”

The Dublin Treaty, which requires the immigrant to be identified and welcomed to the country of first landing “has heavily penalized us. Italy is alone in facing this phenomenon since Europe does not guarantee the equitable distribution of migrants disregarding art. 80 of the TfUe “EU Functioning Treaty”, which establishes the principle of solidarity and equitable distribution among member states. Look at what France is saying for welcoming only one NGO vessel, threatens to close the borders with Italy! “. To intervene with the Adnkronos on the behavior of France on the migrant case is Elda Turco Bulgherini, former professor of navigation law at the University of Rome Tor Vergata and president of the Italian Association of Maritime Law (Roman Committee) who adds: “This Government seems to intend to take a more rigorous attitude in the application of the rules. The so-called Pos, Place of safety, which means Place of Safety and not Port of Safety, can, in fact, also be the ship that rescues the castaway; the rescue ends, the state of danger and the obligation to rescue cease. In international waters the only law in force is that of the flag which subjects the persons on board to the jurisdiction of the flag country, as sanctioned by the United Nations Convention on the law del mare of 1982 “.

“It follows – continues Turco Bulgherini – that the migrant while in international waters on the ship that provided the rescue can be identified and apply for asylum through the commander, who is a public officer with all the legal potential to do so. . Among other things, the NGOs themselves are signatories of a Code of Conduct, prepared by the Minister of the Interior Minniti in 2017, which provides for a series of measures to be respected, regularly disregarded. It must be clear to everyone – underlines the seafarer – that if Italy is unable to control the borders and welcomes irregular migrants, it follows that, according to the Schengen agreements, member states can consider themselves entitled to prevent their free movement. and entry into their countries (as he again threatened France). Italy should, therefore, together with Spain, Greece and Malta (countries particularly subjected to migratory pressure) to claim compliance with the aforementioned article 80 TfUe towards European countries; if the Italian border is European then it must be safeguarded by all European countries, on the basis of the principle of solidarity and fair sharing of responsibilities ”.

What other corrective actions are a priority to restore order to the complicated tangle of international, European and Italian standards? “Italy should ask Malta to reduce the Sar area (Search and Rescue, ed) that delimits the area in which each country must provide assistance – replies the expert – Malta, instead of signing an agreement with Italy, as is normally the case between border countries, it unilaterally claimed a Sar area of ​​250 thousand square kilometers, which partly overlaps with that of Italy and that of Tunisia. But having limited naval means and human resources to control it, he activates Italy. With the growth of the migratory phenomenon and the need for rescue at sea, this point must be reviewed “.” It is also necessary to intervene on the Dublin regulation which establishes which country must proceed with the verification of the right to asylum and should also be adopted other criteria for submitting applications to favor the integration of the migrant. For example, adopting the criterion of family reunification or the cultural one or the spoken language “. Finally – concludes the seafarer – there is the ‘mission impossible’: Agreements with Libya so that on the spot (also with the help of international and humanitarian organizations) the existence of the prerogatives of the right of asylum is verified (to activate regular migratory flows), which cannot be extended to economic migrants. of the UN states that in 2050 the population of the African continent will have doubled and will reach 2.5 billion, or a quarter of the world population And. Everyone will want to come to Europe. Italy cannot manage all this alone and Europe must concretely assume the responsibilities that derive from the aforementioned Treaty “. (By Roberta Lanzara)