At the gates of “Fortress Europe” where the Italian-French border passes, the scene of conflicts between the governments of the two countries and the backdrop of a constant migratory crisis, a change of direction could arrive. After approximately eight years of (de facto) suspension of the Schengen Treaty and resulting militarization of the border, France has put an end to the systematic rejection of irregular migrants at the border with Italy. The French Council of State, implementing the September judgment of the European Court of Justice, repealed the article of the “Code of Entry and Stay of Foreigners and the Right of Asylum” and right of asylum) which allowed the police to push back, in all circumstances and without distinction, migrants arriving at the border. Indeed, the Code allowed the immediate removal or provisional detention of foreigners in gendarmerie premises before their expulsion.
Around two weeks after the ruling, the concrete effects at border crossings are already evident. “Until last Thursday, the people rejected by France numbered around 50 per day in Ponte San Luigi, currently we reach 20. In fact, Paris needs much more time to resolve the procedures and, in addition, he now needs formal authorization from the Italian authorities for readmission, which was not previously planned,” explains a Open Jacopo Colomba from the NGO WeWorld which deals with human rights, very active in Ventimiglia. According to data from the French prefecture, reported by The world, Paris has turned back more than 33,000 people in 2023, or nearly 1,400 since the start of the new year. The Alpine border police, on the basis of the bilateral Chambéry agreements of 1997, will need irrefutable evidence to establish passage from France to Italy. “Now, there is a hand-delivery to the Italian police station, whereas before, they were simply released on our territory.”
Militarization at border crossings persists
However, militarization in border areas has been reinforced, as provided for by the provisions of the French Minister of the Interior, Gérald Darmanin. “There are a lot of police forces at level crossings. In Mentone-Garavan, yesterday there were 8 French gendarmes, 3 police vans and a large number of vans,” says Colomba. The prefect of Nice, quoted by local media, declared in the morning that “the control system at the borders with Italy, with its 400 public agents, will continue in the future”. But the change of direction is also evident with regard to the presentation of the asylum request on French territory. “We can already say that we have recorded some cases of migrants initially arrested by the Parisian police at a border post – explains the WeWorld project manager -, but then released on French territory with a subsequent summons to present themselves at the Nice immigration office where to to file an asylum application, this has never happened in 8 and a half years.” It remains to be seen who is actually authorized to request asylum and, above all, how many people emigrate each day.
“Even if there has been a significant change, we are on alert – explains the operator – because the decision of the French Council of State could have negative consequences. For example, in Ponte San Luigi they were already preparing four containers for a possible detention area. » The arrival of spring – the time of year when the influx of migrants at the borders is the greatest – and the European elections in June will be crucial. In the morning, the president of the National Rally, Jordan Bardella (creature of Marine Le Pen), went for the first time to the border posts with Italy in the company of the former head of the controversial European agency Frontex, Fabrice Leggeri, who will run in the European elections in June with the French far-right party. The latter has long been accused of collaborating in the massive rejections of asylum seekers, prohibited by European law and international standards. And since the beginning of February, they have also been banned in France.
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