Not even Giorgia seems to have been able to resist the temptation to give in to what is normally defined as "inflammatory rhetoric" aimed at weakening a certain political opponent, in particular the Democratic Party grappling with the "Soumahoro" case and with the issues connected to the "Quatar Gate". And, as was probably to be expected, he would seem to have taken, to some extent, the path that his friend and ally Matteo Salvini had already taken in the fight against the immigration phenomenon in all its human and legal complexity, since somehow identified, such a phenomenon, as an element of uncertainty and social unease at the internal national level. Admitted and not granted that the climate of uncertainty and social unease detectable within the country really depends on the persistence of migratory flows. Which, indeed, should certainly be managed through the elaboration of ad hoc policies, but which, equally certainly, cannot, nor must, be offered to the general attention of the associates, and therefore consequently perceived, as the origin of all " mali" only to try to encourage the support of the population towards a government apparatus that presents itself as willing to defend the country itself (rectius: the borders) from a sort of unspeakable "threat" coming from the sea.
Let's say it differently: a Democracy that wants to be truly strong cannot do without information channels, including political ones, which are, or aspire to be, equally calibrated. It's all about logic: nothing more, nothing less. In this context of confusion, it would seem that the newly announced security decree approved, in its essential lines, by the last Council of Ministers would seem to have seen the light, or almost, which, in its intentions, would like to make the activity of the so-called NGOs more complex and of humanitarian organizations, in order to bring them back (this would be the intention) to respect international law.
Admitted and perhaps not granted (we have to wait to be able to appreciate the text) that that decree, that same right, is respected first. Let's be clearer: if the intention of the current Government was (the conditional is a must) really that of "limiting", reducing it to insignificance, the possibility of saving lives at sea by greatly amplifying the costs of rescue and/or imposing the request of a safe harbor as a result of only the first intervention subjecting the subsequent ones to specific authorization, then the "vulnus" to any good right to safeguard human safety would be evident for the simple, how much decisive circumstance, that any rescue, by definition , would impose, as indeed it does, the immediacy of the intervention which, clearly, absolutely cannot be conditioned by the technical times of the bureaucracy and the "papers". Above all when the act of saving human lives constitutes a real categorical imperative imposed by all the International Conventions and Laws having, in terms of the sources of domestic law, the same legal value as the Constitutional Charter. And if the Constitution, as Sergio Mattarella punctually recalled in his year-end speech, must always be our compass, then every consequent deduction would seem to arise and impose itself in all its immediacy. All the more so when, and on closer consideration, even regardless of the SAR area in which first aid at sea takes place, those same Conventions provide that the very first "Maritme Rescue Coordination Center" that has news of the "critical situation" also occurring outside the own area of intervention, must assume responsibility for managing the circumstance until it is taken over by the competent State.
How will Giorgia Meloni be able to extricate herself from the need to guarantee, on the one hand, compliance with current legislation and, on the other hand, to manage, supporting it, the persistent request for "defense of the borders" of the Carroccio allies?
Our President of the Council of Ministers is willing to abandon once and for all the emergency rhetoric in the management of flows through the abolition of the Bossi-Fini law, which came into force in 2002 under the Berlusconi bis government, useful for promoting the introduction of a true and unique European system for the management of the same flows? Our Prime Minister is willing to abandon, in the name of good governance, any dynamic aimed at purely and simply "politicising" the immigration phenomenon, to finally make it rise to the dignity of a mass human phenomenon in need of serious and effective regulation in the name of reception and integration?
Indeed, the answer to such questions is far from without consequences. First of all, because the insistent desire to continue on the path of intolerance to the phenomenon just to be able to manage the fears of the alleged identity theft would be a clear indication of weakness and lack of trust in a country all in all strong in its traditions and beliefs. So why, the exasperation of the phenomenon, rather than containing the social disorder, could unknowingly encourage it. Well. Giorgia Meloni has already demonstrated institutional coherence and, certainly, she will not want to "slip" precisely on such a delicate issue, on whose proper management, moreover, a large part of her credibility on the international level could depend. In fact, the so-called security swerves do not always manage to have favorable effects: the indelible memory of the push-backs to Libya in the not so distant year 2009 emerges, for which Italy, in 2012, was sanctioned by the European Court of Rights of Man.
We all agree on one point: only and only a "governance" that is not centered on the responsibility of a single nation, but is shared at a European level, can be considered truly suitable for managing the responsibilities imposed by migratory flows which, far from placing themselves in short-sightedness as an internal affair of the individual border states appears in its being an "affair" of the European continent in its complexity. But the circumstance does not exempt us from doing our part in full compliance with current legislation.
Giuseppina Di Salvatore – lawyer, Nuoro
