The reform of the right of asylum in Italy

The Minister of Justice Andrea Orlando on June 21 announced a government proposal to reform the right of asylum in Italy.

The right of asylum is protected, in Italy, by the italian Consitution, art. 10.

From January to May 2016, 15.008 applications were submitted; the duration of proceedings at first instance is six months and, to simplify the process, the government is considering a reform.

Focal points of the reform are:

  1. The creation of specialized first instance courts;
  2. The strengthening of the offices specialized in asylum requests;
  3. The suppression of the degree of appeal against the first instance court's decision;
  4. The "summary rite of knowledge" will be replaced by a ritual chamber without a hearing, where the judge will examine the video recording of the asylum seeker's interview in front of the Territorial Commission.

 

But there are lots of problems arising from this proposal: for example, the elimination of the hearing would make impossible for the court of first instance to examine the applicant's request, since only the use of a video recording is allowed: so, no  chance  to hear the asylum seeker, or to ask him questions in order to better analyze his delicate situation.

The appeal's abolition, then, would give  to the court of first instance a huge responsibility, eliminating the second instance.

All this, moreover, would create a "special" law for foreigners.