Order No. 16860 of 2024: Appeal of Transfer Order and Special Chamber Procedure
On June 19, 2024, the Court of Cassation issued Order No. 16860, which addresses a crucial issue in the field of international protection, namely the appeal of transfer orders issued by the Dublin Unit. This ruling provides important clarifications regarding the procedure to be followed and the applicable rules, emphasizing the need to ensure effective protection for asylum seekers.
Regulatory Context
The judgment falls within a specific regulatory context, governed by Article 3 of Legislative Decree No. 25 of 2008, as amended by Law Decree No. 13 of 2017. This legislation provides for a special chamber procedure for appealing transfer orders, characterized by simplified forms and a certain urgency. The Court of Cassation has clarified that, in such cases, the rules of ordinary proceedings do not fully apply, thus allowing for greater procedural flexibility.
- Clarification of grounds for nullity is permitted even after the appeal has been filed.
- There are no preclusions in the oral discussion phase.
- A priority harmonization between the speed of the procedure and the effectiveness of protection is necessary.
The Ruling's Headnote
International protection - Dublin Unit - Appeal of transfer order - Special chamber procedure - Rationale - Full applicability of ordinary rules - Exclusion - Subsequent clarification of grounds for appeal - Admissibility - Reasons - Case law. In the context of measures adopted by the Dublin Unit, in the procedure for appealing a transfer order, governed by Article 3 of Legislative Decree No. 25 of 2008, as amended by Law Decree No. 13 of 2017, which provides for a special chamber procedure, characterized by simplified forms and urgency, the rules of ordinary proceedings do not fully apply, and therefore, the clarification of grounds for nullity with notes subsequent to the appeal or during oral discussion is admissible, in the absence of preclusions and in view of the priority need to harmonize the speed of the procedure with the effectiveness of protection, as required by Article 27, paragraph 1, of Regulation No. 604 of 2013. (In this case, the Court of Cassation quashed the lower court's decision, which had not examined the issue of the failure to fulfill information obligations, raised by the migrant in an authorized memorandum).
This headnote highlights the importance of ensuring that the rights of migrants are respected, particularly regarding the information obligations that authorities must provide. The Court emphasized that failure to comply with these obligations can have a direct impact on the legitimacy of the transfer order.
Conclusions
In conclusion, Order No. 16860 of 2024 represents a significant step towards greater protection of asylum seekers' rights in Italy. The flexibility introduced in the special chamber procedure and the possibility of clarifying grounds for nullity are fundamental elements for ensuring effective and timely protection. This ruling not only clarifies the methods of appeal but also reaffirms the importance of a fair process that respects human rights, in line with European and international regulations.
