November 11, 2024
The judicial issue relating to the detention of migrants in Italian centers in Albania promises to drag on for a long time. «There was a unanimous pronouncement from all communities of jurists, from the Union of Criminal Chambers to the association of law professors of the European Union, to say that nothing can be done about the supremacy of European law». Statements made yesterday by Silvia Albano, president of the democratic judiciary (current of the red robes) and one of the robes of the Court of Rome who last October 18 did not validate the detention of some asylum seekers brought to the Albanian facilities. She herself specified during the opening of the second day of the «Md fa sessanta» event that this is «the first public appearance after the storm of the provisions of the Court of Rome». Meanwhile, already today the Capitoline judicial office will return to rule on the matter of dispute: six judges of the immigration section of the monocratic Court will decide whether another seven migrants will have to remain in the two centers of Shëngjin and Gjadër.
Regarding today’s provision, Albano states: «The immigration section of the Court of Rome has already met and there is a report, there are important legal issues to be addressed and they are not the positions of individual magistrates». To those who ask the president of MD what he thinks of the red robes definition he replies: «The fact that those who try to apply the Constitution are called communist judges worries me a lot for the state of our democracy and its future. We don’t have Mao’s Little Red Book or Marx’s Capital in our pockets.” But it doesn’t end there: «I believe that everything that has happened so far is very serious and very problematic. I was chosen as a lightning rod because it was very convenient, without thinking that there are not twenty-one judges in the immigration section of the Court of Rome.” Then before giving the floor to the other participants Albano comments: «We are not here to defend any privilege. The independence of the judiciary is a guarantee for protecting the rights of all citizens. Today it’s the migrants’ turn, tomorrow who knows, it could happen to any of us.” The president of the National Magistrates Association, Giuseppe Santalucia, also attended Md’s sixtieth birthday. During his speech he was unable to make a passage on the provision of the Court of Rome expected today: «I fear that a controversy could be reignited which is of no benefit to anyone. I trust that what has been written in the measures already issued can be read and understood.”
Video on this topic
And again: «Then the merit of decisions can always be criticized, but criticism is one thing, the representation of a power as a power that overflows, that invades and which therefore becomes an arbitrary power, a power in some way subversive. All this is unacceptable.” Then Santalucia compares the Berlusconi season with the current climate: «I would say that it has even gotten worse: first the prosecutors were the “red robes” and now the “red robes” are everywhere, even in the civil courts that deal with immigration» . Tones perhaps even harsher than those of Albano were used by the general secretary of MD, Stefano Musolino, who responded to a post published on craft”. «I hope that Minister Salvini meets with Nordio and the Keeper of the Seals persuades him to change his attitude, to get out of this institutional narrow-mindedness, which is of no use, to instead recover a constructive dialogue with the institutions of which Nordio has today become the guarantor». The conditions for reaching a meeting point still seem distant.
#today #decision #return #CPR #Albania #Tempo
**Interview with Silvia Albano, President of the Democratic Judiciary**
*Date: November 11, 2024*
**Interviewer:** Thank you for joining us today, Silvia. You recently spoke about the ongoing judicial issues relating to the detention of migrants in Italy and Albania. Can you elaborate on the challenges you see ahead?
**Silvia Albano:** Thank you for having me. The situation around migrant detention is quite complex and contentious. There are significant legal issues at play, especially regarding the supremacy of European law. It’s crucial that we navigate these challenges carefully, as the implications will affect not just migrants but the integrity of our entire judicial system.
**Interviewer:** You mentioned that there was a unanimous statement from various legal communities regarding this matter. What does that consensus mean for future rulings?
**Silvia Albano:** It means that we have a united stance among jurists that prioritizes adherence to European law. This legal framework is designed to ensure fairness and protect the rights of asylum seekers. Upcoming rulings, such as the one from the immigration section of the Court of Rome, will need to be carefully aligned with this superior legal authority.
**Interviewer:** You’ve also expressed concerns about how judges are being characterized. Can you elaborate on that?
**Silvia Albano:** Yes, the labeling of judges who uphold the Constitution as ”communist judges” is alarming. It undermines the trust in judiciary independence, which is a cornerstone of our democracy. When judges are pressured or vilified for doing their jobs, it sets a dangerous precedent not only for migrants but for all citizens.
**Interviewer:** What do you believe is at stake if these judicial independence issues aren’t resolved?
**Silvia Albano:** The independence of the judiciary directly protects our rights. If we allow political pressures to dictate judicial decisions today, we risk losing those safeguards tomorrow. Today it’s about migrants; tomorrow it could be any of us facing injustice. We must defend the impartiality of our judicial system vigorously.
**Interviewer:** Lastly, how do you foresee this situation evolving in the coming weeks?
**Silvia Albano:** There will likely be continued debate and scrutiny of the decisions made by our courts. I hope that through a thoughtful dialogue rooted in law and human rights, we can find a path forward that respects both the rights of individuals and the principles of justice our society is built upon.
**Interviewer:** Thank you, Silvia, for your insights on this difficult issue. We appreciate you taking the time to share your thoughts.
**Silvia Albano:** Thank you. It’s been a pleasure to discuss this important topic.
