Justice Minister Carlo Nordio said
Friday he was perplexed by the consequences of a supreme
Cassation Court ruling ordering the government to compensate
migrants for stopping them getting off a coastguard ship in
2018, saying that magistrates do not "see beyond and there are
devastating risks".
He said: "The sentences are carried out, respected and then we
can comment on them. I am a bit perplexed about the consequences
that such an interpretation of the law can have, because in
Africa perhaps millions of migrants are pressing, managed by
criminal organizations, who wait to arrive in Italy only based
on the convenience of these groups and the ability of
neighboring states to stop them.
"If we introduced the principle that these people have resources
and financial compensation, our finances would go to ruin.
"Many times the judiciary does not look beyond the meaning or
the result of its decisions.
"Of course, first of all the law, but beyond the rigor of the
formal law and its application we must be careful about the
results, which can be devastating in other sectors.
"There has already been discussion in the past months, even
within the context of very high positions, on the need for the
magistrate to look beyond the application of the formal law.
"There remains a fundamental doubt about the global approach to
this problem.
"Guaranteeing compensation even to those who enter illegally
conflicts with the principle of legality and can cause
consequences that go beyond the specific cases".
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