Italy as an unsafe place? The protection of migrants’ fundamental rights as a systemic issue in the dialogue between Courts: some recent developments

Abstract

The purpose of this contribution is to develop a reflection on judicial dialogue within the framework of migrants’ rights, moving from two recent judgments adopted by the ECtHR and by the Dutch Council of State, both relating to the violation of fundamental rights in Italy. While the former ruling held Italy responsible for the violation of Article 3 and 5 of the ECHR by reason of the harsh living conditions in the hotspot of Lampedusa, the second established that these and other systemic deficiencies afflicting reception infrastructures preclude the transfer to Italy of an individual requesting international protection. Following an introduction and analysis of the two rulings, this article will delve into the interconnection between them, with a particular emphasis on the potential emergence of a "slippery slope" mechanism. In this context, the disruption of inter-state trust that underlies the Dublin system tends to solidify the exclusion of a state (in this instance, Italy) from the category of nations where the rights of migrants are considered adequately protected.