ITALIAN-SLOVENIAN AGREEMENT: CONCERN ON POSSIBLE NEW SERIOUS INSTANCES OF ABUSE
ICS, in taking note of the political statements, some of them rather discomposed, issued after the Italian-Slovenian summit, regarding the announced intention to resume the so-called readmissions of “irregular”…
ITALIAN-SLOVENIAN AGREEMENT: CONCERN ON POSSIBLE NEW SERIOUS INSTANCES OF ABUSE
ICS, in taking note of the political statements, some of them rather discomposed, issued after the Italian-Slovenian summit, regarding the announced intention to resume the so-called readmissions of “irregular” foreigners at the Italian-Slovenian border, would like to point out the following:
(1) the Italo-Slovenian agreement of 1996 does not constitute a source of law but is merely an agreement which was never ratified by Parliament within the terms of Article 80 of the Constitution and as such its legitimacy is highly dubious;
2) In any case, the agreement, even as a mere operational modality, remains subject to compliance with international law, EU law and domestic law;
3) As unanimously pointed out by jurists and scholars and, finally, by the Court of Rome in its order of 18 January 2021 (whose conclusions in law were in no way contradicted by the panel of the same court, which upheld the Ministry's complaint only with regard to the lack of proof of the applicant's presence), informal readmissions of asylum seekers to Slovenia are unlawful, because they are in conflict with European legislation on the right to asylum and, in particular, with the Dublin III Regulation. The latter requires the Italian police to register the foreigner's intention to apply for asylum, at the border or in the territory, without exception, and subsequently to place the asylum seeker in the reception system and to activate the procedures provided for by that same regulation.
4) In any case, no readmission can ever be carried out in an “informal” way, as this would be equivalent to “illegal”, since no measure affecting personal freedom and the exercise of fundamental rights of the person can be taken by the public administration in an “informal” way, but always and only within the framework of a decision notified to the person concerned and marked by all the guarantees provided by the legal system.
ICS – together with the human rights organisations of Slovenia, Croatia and Bosnia and international organisations – will increase the level of vigilance regarding the observance of the rule of law, which cannot be violated due to any political will. The entire chain of command, which might have carried out unlawful orders sent in a direct or indirect manner, will be held accountable for any violations.
