There is no peace, and no certainty, for the Shengjin and Gjader centers.A year after their opening, their use has been reduced to very few activities. And now it appears to be paralyzed for the next few months after the Supreme Court's decision to refer to the European Court of Justice in Luxembourg any consideration of whether it is possible to detain two foreigners without an agreement with their country of origin and when they are applying for international protection.
This choice comes after a confusing series of decisions first by the courts ,then by the Appeals Courts then by the Supreme Court itself, which only a month ago equated Gjader's CPR with Italian ones.
The Supreme Court poses two questions concerning an irregular migrant and an asylum seeker who applied for international protection while in the Gjader center.
From the Luxembourg Court, the Italian supreme magistrates ask whether Directive 115/2008( Return Directive) conflicts with the law that transposed the Italy-Albania protocol and authorizes the Italian government to transfer migrants who have received detention orders to Gjader, even if there is no concrete prospect of return.
The Luxembourg court was supposed to rule on the issue of safe countries by May, but the decision apparently slips until after the summer.
The court is unlikely to make a decision on the Cassation request in the coming weeks. So for Gjader, the uncertainty continues. While opposition controversy rages against the Meloni government's migration policy.