The Italian Senate has approved the Migration Flows Decree with 99 votes in favor, 65 against, and one abstention. This new law brings stricter rules on migration but has faced strong opposition from judges, political parties, and humanitarian groups.
One controversial part of the law, called the “Musk Rule,” moves decisions about migrant detentions from specialized courts to appeals courts. Italy’s Superior Council of Magistracy (CSM) rejected this change, saying it could cause delays and involve judges who are not trained to handle these complex cases. The CSM also warned that it might harm Italy’s National Recovery and Resilience Plan.
The “Musk Rule” got its name after billionaire Elon Musk criticized Italian judges on social media for stopping the transfer of migrants to Albania. After Musk’s comments, the government added this rule to the law, creating more controversy. The Court of Cassation has delayed its decision on this matter until the European Court of Justice gives its ruling, expected in 2025.
The law also lists countries like Egypt, Bangladesh, and Morocco as “safe” for returning migrants, even though the European Union does not agree. This disagreement will be reviewed by the EU Court of Justice.
Opposition parties and humanitarian groups have criticized the new law. They say the government is using migration as propaganda and failing to solve the real issues. Critics also pointed out that the Albanian transfer plan has not worked well. Only 19 migrants have been relocated, compared to 8,000 who arrived in Italy in November 2024 alone. Matteo Renzi, leader of Italia Viva, called the government’s approach “obsessive,” while the Five Star Movement said the law is ineffective.
Humanitarian groups, including NGOs, are angry about the law. They believe it punishes rescue operations at sea and makes their work harder. They argue the government is focusing on punishment instead of protecting people.
However, the government defends the law, saying it has reduced migrant arrivals and increased deportations. Officials accuse NGOs of turning rescue missions into money-making activities, which the NGOs deny.
The Migration Flows Decree highlights the ongoing struggle in Italy to balance strict migration policies with humanitarian concerns.