The Italian Senate approved the Migrant Flows Decree with 99 votes in favor, 65 against, and one abstention.
However, a key provision, dubbed the “Musk rule,” was rejected by Italy’s council of senior judges (CSM). This rule proposed granting appeals courts authority over migrant detention cases, but the CSM argued it would cause delays and burden judges unqualified for complex migration matters.
The “Musk rule” gained its name after Elon Musk criticized judges on social media for blocking a migrant transfer to Albania, which the Court of Rome ruled was incompatible with EU laws. The decree also designates “safe countries” for repatriation, including nations not recognized as safe by the EU, like Egypt and Morocco. A final EU Court of Justice decision is expected in 2025.
The decree sparked backlash from opposition parties and NGOs. Critics condemned it as punitive, with minimal impact on managing migration flows. NGOs argued it criminalizes sea rescues. Meanwhile, government supporters claim migrant arrivals and irregular entries have significantly decreased since Prime Minister Giorgia Meloni took office.
