Security decree: impossible calls, rights at risk

Rights are like cherries: we lead to another. But the opposite also applies: in that, as soon as you remove it, it distances another. Today certainly for foreigners, in their asylum requests; perhaps tomorrow for Italians, as for example already in some legislative proposals which are beginning to become familiar with the idea of ​​sacrificing guarantees to curb prescriptions.

Once the law Orlando-Minniti in 2017, he had withdrawn from asylum seekers the degree of recourse against the rejection of the administrative authority; Minister Salvini's so-called security decree puts another taboo in the race for the direct indentation of the presumption of not guilty to the final judgment. For asylum seekers who were to be criminally prosecuted for one of the long-term crimes that would result in the denial of international protection in the event of a final conviction, their application will be examined more quickly by the administrative authority. In case of rejection, the alien – even if he has not yet been recognized as responsible for this crime by a final conviction, and even without having been tried – can be expelled immediately to the country from which he felt threatened with his life or his freedom, even before being able to decide on their appeal to the civil court against the rejection of protection. It is not a genius to guess that if the alien is sent back to the other side of the world, it becomes impossible to deal with the appeal on appeal with a lawyer, the usefulness of the future sentence is no longer guaranteed and the effectiveness of protection for which the possibility (at this stage only theoretical) of appeal has been finalized. Can this be done? No, this will answer the case law that was already said in 2007 and reiterated in sentence C-181/16 of June 19, 2018. But the legislature has little importance to pay to inject, granellino after granellino, the sand standards at a cutting edge in the delicate gear of rights.