EU Monitors Italy’s Migrant Deposit Rule for Detention Alternatives

Regarding the regulation allowing irregular migrants in Italy, who have had their asylum applications rejected, to pay a deposit of 4,983 euros to avoid detention in a CPR (Centro di Permanenza per il Rimpatrio – a detention center for repatriation), the European Commission is actively engaging with Italian authorities to gain a deeper understanding of the situation.

However, following EU directives, any alternatives to detention must undergo a proportionality assessment, and it is crucial to have appropriate safeguards in place to ensure this. Decisions on bail should be based on individual evaluations. Anitta Hipper, the spokesperson for the EU executive on Migration in Brussels, emphasized these principles during a press briefing.

The Ministry of the Interior’s decree, as published in the Official Journal, pertains to the “Indication of the amount and methods of provision of the financial guarantee payable by the foreigner during the procedure for ascertaining the right to access the territory of the State.”

This “financial guarantee” outlined in Article 1 is described as “suitable when the fixed amount can ensure the foreigner, for the maximum detention period of four weeks (twenty-eight days), access to: a) suitable accommodation within the national territory; b) the necessary funds for repatriation; c) the minimum essential means of subsistence per person.”

Article 2 specifies that “the amount for the provision of the financial guarantee is set at 4,938.00 euros for the year 2023. The amount will be updated every two years, based on the average cost of repatriation.”

Article 3 states that “the financial guarantee must be provided in a single payment through a bank guarantee or insurance guarantee policy. It is individual and cannot be paid by third parties. The financial guarantee must be provided within the time frame during which fingerprinting and signaling operations are conducted.”

Article 4 further clarifies that “if the foreigner leaves without proper authorization, the prefect of the location where the financial guarantee was provided is responsible for enforcing it.

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