It is an administrative act regulated by the Civil Protection Code, approved by the CDM in the face of the exceptional increase in the flow of migrants through the Mediterranean routes
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The government has approved a state of emergency throughout the country following the exceptional increase in the flow of migrants through the Mediterranean routes. The state of emergency, supported by an initial loan of five million euros, will last for six months. The decision was made on the occasion of the cabinetwhich took place on Tuesday 11 April at Palazzo Chigi.
Meloni, state of emergency for more effective responses
The solution allows the executive to deal with a disaster with extraordinary means and powers, from humanitarian crises to natural events such as earthquakes or floods. It is an administrative act regulated by the Civil Protection Code, approved by the CDM in the face of the exceptional increase in the flow of migrants through the Mediterranean routes. “We have decided on a state of emergency on immigration to give more effective and timely responses to the management of flows”, explained the Prime Minister, Giorgia Meloni.
The precedent of 2011 during the Berlusconi government
At the moment in Italy there are about twenty measures of this type in force, from the emergency of refugees in Ukraine to various cases of floods, often decided even after the request of the president of a Region or of an Autonomous Province concerned. The only precedent in the field of migrants dates back to 2011 with the Berlusconi government and provided for a plan for the equitable distribution of refugees from North Africa in the regions, even if at the time the law provided for different rules.
What does the Civil Protection Code provide?
The national state of emergency is regulated by article 24 of the Civil Protection Code on the basis of some requisites defined in article 7: «emergencies of national importance connected with calamitous events of natural origin or deriving from human activity which in due to their intensity or extension they must, with immediate intervention, be faced with extraordinary means and powers to be employed during limited and predefined periods of time».
The commissioner
With the declaration of a state of emergency, a commissioner can be appointed who has the task of carrying out the interventions envisaged by the declaration: overcoming the emergency, reducing the residual risk, restoring essential services and assisting the population. In this case, therefore, a new temporary arrangement of powers emerges, with resolutions not subject to the preventive legitimacy control of the Court of Auditors.
Resources
The resolution also establishes an allocation of financial resources to be allocated to urgent interventions and to be drawn from the Fund for national emergencies, which can be progressively increased during the duration of the state of emergency. The provision may also have a local or regional significance only. When it is of a national nature, it does not exceed twelve months and can be extended for a maximum of another twelve months: beyond these times, a law must be passed through parliamentary passage.
Migrants, tug of war between the majority and the opposition on the new measure
Meanwhile, there is a tug of war between the majority and the opposition in parliament on the new migrant decree, the so-called “Cutro decree”. «The opposition has already announced obstructionism – underlined the president of the constitutional affairs commission of the Senate, Alberto Balboni -. If you decide to do so, we will go to court without the mandate for the rapporteur, it would not be the first time. If they want to make the obstructionist battle it is within their rights and with the tools that the regulation offers they will get to go to the courtroom without a mandate to the rapporteur. Then, in the courtroom there are limited times and there it is more difficult to filibuster, because with the new regulation, the time for discussion is over, you just vote). I don’t see the usefulness of this attitude, but it is a choice of the opposition. I did it too, so I understand.” The government’s latest opinions on the amendments already filed and other amendments proposed by the executive are expected on Wednesday 12 April.
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