The Catania Court ruled that the "safe country" designation given to certain nations by the Italian government's decree-law does not exempt the judge from having to assess the compatibility of that designation with European Union law. In particular, Egypt is deemed problematic because of "serious human rights violations" that undermine the freedoms proper to a democratic state. The decision was made in a case involving an Egyptian migrant, who had arrived in Pozzallo and applied for refugee status and for whom the police commissioner of Ragusa had ordered detention. The ruling, the first of its kind following the Safe Countries Decree, was commented on by Rosa Emanuela Lo Faro, lawyer for the migrant. The judge found the issue of constitutional legitimacy raised by the asylum seeker to be "irrelevant" and rejected the order of the Police Commissioner. The decision was made by the President of the Immigration Section of the Catania Court, Massimo Escher, who pointed out that Egypt's inclusion on the list of safe countries must be taken into account when assessing detention. According to the judge, this qualification does not exempt the court from the obligation to verify its compatibility with European standards, as established by the Court of Justice of the European Union in its Grand Chamber judgment of October 4, 2024.
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