The Italian Criminal Lawyers
Association on Saturday defended the Bologna judges who referred
a new government measure defining a list of safe countries for
repatriation to the European Court of Justice, a move that
sparked accusations that the judiciary was encroaching the
political realm.
"The Court of Bologna moved with particular prudence by placing
its requests within the correct supranational and national
normative and jurisprudential parameters," said the
association's president Francesco Petrelli.
"It is frankly impossible to see the choice of a preliminary
interlocution with the Court of Justice, as an attack on
politics".
The Bologna court's referral 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 was issued in relation to an appeal
presented by an asylum seeker from Bangladesh.
The government decree listing 19 countries, including
Bangladesh, as safe, said Italian courts cannot rule against it
on the basis of an October 4 European Court of Justice sentence
based on which Rome judges nixed the detention of a group of
migrants at a new Italian-run centre in Albania last month.
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