A few days after the adoption of Decree-Law No. 158 of 23 October 2024 - which, as is well known, "locked in" the list of countries considered safe as a primary source of law - the Court of Catania, disregarding this new national legislation, did not confirm the pre-removal detention of an asylum-seeker from Egypt.

The Court's decision, as explained in the article “Il Tribunale di Catania disapplica il d.l. paesi sicuri per contrasto con il diritto UE”, published on 5 October on Sistema penale, is in line with recent rulings given by other Italian courts. It reaffirms the duty of the national judge to assess the compatibility of a country's designation as "safe", even if established by primary domestic law, with European Union law. In particular, it emphasises the importance of complying with the criteria laid down by the case-law of the European Court of Justice.