Migrants, Cassese: “No big voice, the government is good on programmatic declarations”

“The right of asylum presupposes the verification of persons one by one, on the basis of the decrees by the State whose flag the ship flies, with the captain’s obligation to ascertain on board”

“THE Piantedosi decrees are administrative acts conforming to a national law“, therefore they cannot be considered unconstitutional.” Another question is whether the national law (decree-law 130 of 2020 – ed.) is constitutionally legitimate “. As regards the so-called ‘selection’ of migrants on board, there is no illegitimacy profile as “from the point of view of domestic law” the right of asylum presupposes “a one-by-one verification of the situation of immigrants” which “as can also be seen from the premises of the interministerial decrees” would have been the responsibility of the State whose flag “with” the obligation of the ship’s commander to ascertain on board whether the emigrant has the right to asylum. “Sabino Cassese in a long interview intervenes with the Adnkronos on the issue of migrants, landings and NGO ships and comments:” I imagine that the NGOs have consulted the states whose ships fly the flag, which must have reacted in the same way they reacted with respect to the initiative of the Italian government “. But”making a big voice is not in the national interest“that” can only be satisfied with a collective commitment “, by getting” as close as possible with the European Union. ” with the idea of ​​a plan in favor of African countries, called the Mattei plan “.



“The Piantedosi decrees (one for each ship engaged in SAR operations) are based on article 1.2 of decree-law 130 of 2020, which rewrote, with amendments, a similar rule introduced the year before by the Conte I government. the ban on staying in national territorial waters beyond the time necessary to assist people in poor health conditions. These are, therefore, administrative acts in accordance with a national law. Another question is whether the national law is constitutionally legitimate – explains the constitutionalist – From this point of view, the provision of thearticle 10 of the Constitutionaccording to which the foreigner, who is prevented in his country from the effective exercise of the democratic freedoms guaranteed by the Italian constitution, has the right of asylum in the territory of the Republic according to the conditions established by law “.

‘National interest advises to seek more European cooperation’


No margin of unconstitutionality therefore in the so-called ‘selection’ of migrants on board ships as “from the point of view of domestic law, what has just been said applies, which involves a one-by-one verification of the situation of immigrants. This obligation is imposed by international law, according to which there is a ban on collective refoulement, which is reinforced by the rules
supranational agreements “. Among other things”, as can also be seen from the premises of the interministerial decrees, Italy has tried to validate the thesis according to which the reception of immigrants would belong to the State whose flag each ship flies – stresses Cassese – This would result in the ship’s commander being obliged to ascertain on board whether the emigrant has the right to asylum “. Cassese recalls that” this is not the first time in the world that attempts have been made to operate on the concept of the border to control the ‘immigration. The United States of America has the 100-mile rule, within which an identified immigrant does not have the same rights that are guaranteed on American territory to all people “.

How then do you interpret the refusal of NGOs to apply for asylum to flag states while in international waters? “I imagine that the NGOs have consulted the states whose ships fly the flag, which must have reacted in the same way they reacted to the Italian government’s initiative, once the ships entered Italian territorial waters”, he replies. then highlighting the need to “an overall framework“of the phenomenon in progress of the so-called ‘economic emigration’, not contemplated in article 10 of our Constitution.” I remember – he continues – only that Africa has a population of 1 billion 216,000 million people, that Italy has just under 60 million and the European Union about 440 million. If we take into account the fact that Africa is the least developed continent and that Europe is among the most developed areas, and remember that, from 1955 to 1970, 9 million Italians left the underdeveloped South to run to the North developed, we realize the need for a general framework, which suggests not to make a big voice in Europe because it is not in the national interest. National interest advises to seek more European cooperationto ensure that relocation that the attempt of the 2015-2017 two-year period failed to obtain, in the hope that the French initiative of June 2022 will be successful “.

‘given the number of immigrants blocked on ships by Minister Salvini’

So Cassese looks at the reaction of France: “I state that Italy has the maximum interest in cooling the state of tension with France, because making a big voice is not in the national interest, since this can only be satisfied with a collective commitment. If we want to calculate the right dimensions of the phenomenon, we must remember that Germany has the highest number of immigrants, 12% of the population, Spain 11, Italy 8.4, France 7.6. Without forgetting that Italy has 5.2 million immigrants and 5.8 million Italian emigrants. I would add that there are now more than 4 million Ukrainian emigrants “.

According to the constitutionalist, “the government got off to a good start with programmatic declarations, which insisted on regulating departures, not arrivals, and with the idea of ​​a plan in favor of African countries, called Mattei plan. A figure that no one has provided so far, and which should be quite representative – urges Cassese – is that of the number of immigrants who were blocked on the ships by Minister Salvini, who are now in Italy. It would also be interesting to know with certainty how many immigrants have arrived on the Italian coasts with smaller means of transport, and who therefore did not need to dock in the ports. The fundamental lesson that is drawn from this whole affair – he concludes – is that opposing national interest to European sovereignty is a false opposition, because it is in the national interest to get along as closely as possible with the European Union“. (by Roberta Lanzara)



Source-www.adnkronos.com