The Immigration Section of the Court of Rome has referred the case of the migrants held in the center in Albania to the European Court of Justice, thereby suspending the measure that validated the detention. The ruling affects seven migrants of Egyptian and Bangladeshi origin who are presently being held in an Italian detention center for repatriation in Gjader, Albania, and will be required to return to Italy after their validity terms end. At the end of this time, the seven migrants must depart the Gjader center. The decision of the XVIII Immigration Section of the Court of Rome "refers the case to the Court of Justice of the European Union, pursuant to Article 267 TFEU" and "suspends the judgment validating the detention, while maintaining the effects of the provisional detention ordered by the administration, according to the law". Special attention is given to Article 6 of Decree 142/2015 and an article of the Albanian Protocol. The suspension of validation was necessary to await the European Court of Justice's decision on the preliminary questions, which also pertain to the most recent decree on "safe countries". In previous weeks, judges from the specialized immigration section of the Rome Tribunal had already refused to validate detentions ordered by the Rome police headquarters for the first migrants transferred to the repatriation center in Albania. This ordinance was subsequently challenged by the Ministry of the Interior with an appeal to the Court of Cassation.
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