New Decree-Law on Asylum: Italy Redefines Safe Countries and Streamlines Protection Procedures

On October 23, 2024, Decree-Law No. 158 was published in Italy’s Official Gazette, marking a significant shift in the country’s approach to managing asylum procedures. This new decree introduces urgent provisions for the processing of international protection applications, particularly focusing on countries deemed safe and procedural adjustments aimed at speeding up the asylum process.

Key Provisions of Decree-Law No. 158

1. Updated List of Safe Countries:

   The decree establishes a revised list of countries considered safe, meaning that individuals from these countries are subject to expedited procedures for examining international protection claims. The newly defined list includes:

   - Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Cape Verde, Ivory Coast, Egypt, Gambia, Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro, Peru, Senegal, Serbia, Sri Lanka, and Tunisia.

   This classification impacts the asylum process significantly; applicants from these countries will face a more streamlined examination process, reflecting an assumption that they are less likely to require asylum due to the relative stability of their countries of origin.

2. Periodic Review and Reporting:

   To maintain the relevance and accuracy of the safe countries list, the decree mandates that it be updated periodically through a legal act. Additionally, each year by January 15, the government must submit a report on the conditions in these countries, considering updates and recommendations to the European Commission. This report will also be presented to the relevant parliamentary committees.

3. Procedural Adjustments for Asylum Appeals:

   Under the new decree, the process for appealing decisions has also changed. Unlike standard rules, an appeal against the decision of a territorial commission will no longer automatically suspend the decision's effectiveness. However, asylum seekers can request a suspension from a judge if they provide serious and well-founded reasons. Additionally, procedural deadlines have been shortened, and a new provision allows appeals to the Court of Appeal if a suspension request is denied.

Analysis: Pros and Cons

The changes in Decree-Law No. 158 have stirred a mix of responses, highlighting both potential benefits and drawbacks:

1. Pros: Regulatory Efficiency and Alignment with EU Goals

   - The decree aligns with broader European initiatives to harmonize asylum processes, supporting a faster, more uniform response to migration flows. Expediting applications from safe countries may ease pressure on Italy’s asylum system, allowing the country to focus resources on high-risk cases.

   - Simplified procedures could also help reduce backlogs in the system, allowing for quicker determinations and reducing waiting times for applicants and administrative bodies alike.

2. Cons: Concerns for Asylum Seekers’ Rights

   - The inclusion of certain countries on the safe list has drawn criticism. Human rights groups argue that conditions in some listed countries are not ideal, potentially leaving individuals at risk of being returned to unsafe environments.

   - The decree has sparked concerns about potential violations of non-refoulement, the principle prohibiting the return of individuals to countries where they may face serious threats to their life or freedom.

3. Balancing Immigration Control and Human Rights

   - The decree has intensified debates between groups advocating for tighter immigration control and those prioritizing human rights protections. Critics argue that fast-tracking asylum applications based on the assumption of safety might compromise individual assessments, while supporters view the decree as a necessary measure to manage migration effectively.

Next Steps

With Decree-Law No. 158 now before Parliament, the path toward its full implementation will depend on parliamentary deliberations. Lawmakers will debate its provisions, and various political groups may propose amendments to balance efficiency with human rights considerations. If converted into law, the decree could set a precedent for future migration management policies in Italy and serve as a model within the European Union for addressing ongoing migration challenges.

As the government seeks to balance efficiency and humanitarian obligations, Decree-Law No. 158 represents both a practical step toward faster asylum determinations and a flashpoint for ongoing discussions about the rights and protections owed to those seeking refuge.