08 November 2024
Tens of millions of euros spent every year to pay lawyers for illegal immigrants. Yes, because it matters little whether in the end they actually manage to obtain the right to asylum, Italian taxpayers, through the State, pay for free legal aid to all migrants who arrive in our country. Even if they don’t have documents, they can still ask for and obtain legal assistance without paying a single euro. The law, in fact, provides that in order to be able to appeal to the Court of Cassation against the provisions of the Italian authorities, it is sufficient to have an income of less than eleven thousand euros. Which is obviously a given, given that they all declare themselves to be penniless. The fee is around 430 euros in the civil case and around 800 in the criminal case. Estimating annual costs is not easy. Free legal aid in general, which includes both Italians and foreigners, amounts to approximately 230 million euros. It is reasonable to argue that the amount the state spends on lawyers for migrants is around a quarter of that total. The applications submitted by foreigners represent around 60% of the total, and migrants obviously fall into this category.
This is also how it works in the case of Albania (yesterday the Minister of Defense Guido Crosetto met his Albanian counterpart Pirro Vengu). In the protocol signed with Tirana, the estimates of annual expenditure for free legal aid are put in black and white. The ceiling of 500 euros per legal aid is set, also including the lawyer’s trip to Albania. In total, the forecast is 3.2 million euros this year and 6.5 million for each year from 2025 onwards. Although it is reasonable to assume that it will initially be lower, given that the two centers in Shenjin and Gjader are currently operating at a very low level. Also thanks to the court of Rome, and to other judges from Bologna to Palermo, who decided not to apply the Safe Countries decree, the only instrument capable of repatriating illegal immigrants to their countries of origin.
And, based on the latest pronouncements and appeals to the European Court of Justice, it is very likely that they will do the same with the eight migrants (Egyptian and Bangladeshi) who will dock at the port of Shenjin on board the Navy ship Libra between tonight and this morning. In fact, these magistrates believe that Egypt and Bangladesh are not safe countries, despite the government claiming the opposite. This is the reason why in mid-October Judge Silvia Albano of Rome, together with other colleagues, did not validate the detention of the first twelve migrants who had been taken to Albania, making them return to Bari. A measure against which the State Attorney’s Office, appealed to the Supreme Court. The verdict is expected at the beginning of December. Meanwhile, controversy rages. «Every day in Italy a toga wakes up with a red flag that dismantles a law. With the result that they send all the migrants here”, says deputy prime minister Matteo Salvini. And Riccardo Magi of +Europa announces access to the documents of the Ministry of Transport and the Port Authority on Albania.
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**Interview with Legal Expert Dr. Elena Rossi on Free Legal Aid for Migrants in Italy**
**Interviewer**: Thank you for joining us today, Dr. Rossi. The recent discussions around free legal aid for migrants have garnered quite a bit of attention. Can you shed some light on how this legal aid system operates in Italy?
**Dr. Rossi**: Thank you for having me. The system of free legal aid in Italy is designed to ensure that individuals, regardless of their legal status, can access justice. For migrants, this means that even those who arrive without documents can request and receive legal assistance without any cost. The law states that as long as an individual has an income below eleven thousand euros, they are eligible for this aid.
**Interviewer**: That’s quite significant. How much is Italy spending on legal aid for migrants each year?
**Dr. Rossi**: It’s estimated that the Italian government spends around 230 million euros annually on legal aid in total, with about a quarter of that, or roughly 57 million euros, directed specifically towards migrants. This is largely due to the fact that foreign applications make up about 60% of all legal aid requests.
**Interviewer**: Are there any specific recent developments in this area, particularly concerning the collaboration with other countries like Albania?
**Dr. Rossi**: Yes, recently, Italy has signed a protocol with Albania that sets a cap on the expenditure for legal aid at 500 euros per case, which includes travel expenses for the lawyers. The estimated budget for this initiative is 3.2 million euros for the current year, increasing to 6.5 million euros annually from 2025 onward. This is a proactive measure to manage the increase in legal aid demands as the migration situation evolves.
**Interviewer**: Some critics argue that this system may encourage illegal immigration. How do you respond to that concern?
**Dr. Rossi**: That is a complex issue. While ensuring access to legal aid for all individuals is crucial for upholding the rule of law and human rights, it is also important for governments to bolster their immigration policies and enforcement mechanisms. The goal should be to find a balance between providing necessary legal protections and ensuring that immigration laws are effectively respected and enforced.
**Interviewer**: what are the implications of these legal aid expenditures for Italian taxpayers?
**Dr. Rossi**: This is indeed a concern for many taxpayers. They often feel the financial burden of providing such extensive legal support to migrants. However, it’s essential to view this as part of a broader commitment to human rights and justice. Moreover, investing in fair legal processes can ultimately contribute to social stability and integration, which can benefit society as a whole in the long run.
**Interviewer**: Thank you for your insights, Dr. Rossi. It’s clear that the issue of legal aid for migrants is multifaceted and requires careful consideration from all angles.
**Dr. Rossi**: Thank you for having me. It’s an important conversation we must continue.
