Even the Council of the Superior Magistracy (CSM) expresses a negative opinion on the immigration decree: "unconstitutional in the part that deals with migrants and asylum seekers".

The CSM rejects the Security decree, which presents numerous "critical issues" and does not respect "obligations" and "guarantees" provided for by the Constitution. The "findings" that the sixth CSM Commission highlights in its opinion, approved today unanimously and which will be voted by the plenum on Wednesday, on the dl Security wanted by the Minister of the Interior Matteo Salvini. On detention, "the legislature - reads the opinion - does not identify the parameters on the basis of which the commissioner may decide to retain or not the foreigner, thereby granting him discretion free from any typology of the conditions of exercise as such not in accordance with degree of guarantees required by Article 13 of the Constitution ". And again: in the document that will be examined from the plenum it is observed that "the extension of the category of predicate offenses of refusal or revocation of international protection appears for certain cases not fully respectful of the constitutional obligations deriving from articles 10 and 117 of the Constitution".

The risks of increasing the litigation
With the 50-page opinion - of which the layman Alberto Maria Benedetti and the Paolo Criscuoli lecturer are speakers - we highlight in particular the "fallout" that the new rules will have on the judicial system. Firstly, the elimination of the 'open' protection clause for humanitarian reasons, which could lead to a "condition of uncertainty" of the status of the foreigner, with the consequent "possible increase in litigation and a delay in the protection of the fundamental rights of foreigners vulnerable. "

According to the Palazzo dei Marescialli Commission, moreover, the "inspiring objectives of the reform (indicated in the overcoming of the conditions of uncertainty on the applicative requirements of humanitarian protection and the containment of the application space for such forms of protection)" are not "fully guaranteed" from the legislative novella that, on the contrary, risks increasing the uncertainty on the application conditions of the new special permits, on the spaces that will be destined to be covered by the recourse to Article 10 of the Constitution on the degree of protection provided to the foreigner, on the competent judge decide the disputes and the consequently applicable rite.

As for the list of "safe countries", "it seems doubtful" that "can be considered binding, it is clear, in fact - we read in the document - that constitutional rights are at stake, the power of the ordinary judicial authority to reconsider the inclusion of a country in the list of safe countries by means of a congruous justification ". Finally, underlines the Commission, "the maximum duration of detention provided for by the foreign law" for identification purposes "is not proportionate.