Italy may not put illegal immigrants who refuse to leave the country, in prison.

By Geraldine Coughlan

The European Court of Justice (ECJ) in Luxembourg, ruled on Thursday, that the detention of people who enter an EU country illegally, is not in line with EU legislation. The judges’ decision was based on a complaint by an Algerian man, Hassen el Dridi, who was sentenced to one year in prison because while living illegally in Italy he ignored two orders, in 2004 and 2010, to leave the country within five days.  

The Berlusconi government introduced a law in 2009, allowing prison terms of up to four years for illegal residence in Italy. The Netherlands is also planning to criminalise illegal residence in an effort to support the deportation of illegal immigrants with a criminal record.

Criminalising immigrants

Refugee organizations and Dutch opposition parties strongly oppose such a measure. Harry van Bommel of the opposition Socialist Party (SP), said that efforts by Italy and the Netherlands to criminalise illegal residence are counter-productive. He said it is wrong to categorise immigrants as ‘illegal’ when what they do is not illegal. “When we look at the new influx of refugees into Europe from North Africa we should have respect for what has happened there,” he said.  

Van Bommel said the solution should be to contribute to an improved standard of living in North Africa. Also, to ensure that  those coming to Europe do not risk their lives and drown in the Mediterranean. “The underlying problem is the economy”, said van Bommel. “Young men seeking refuge in Europe are simply seeking a chance to leave their conflict-torn countries."

"They are not coming to Europe for political, but economic reasons”, he said. “This will always be the case as long as these young men have proper training but no jobs and no future – so they leave. I would also”, added van Bommel. However, he said that when it comes to Italy and France, steps should be taken to ensure a way to provide shelter for such immigrants - but on condition that they will return to their own country - if the situation there changes.  

Dutch to push ahead

The Dutch Immigration and Asylum Minister, Geert Leers, said he still has to study the ECJ’s ruling. But he said it is unlikely to have any effect on the Dutch plans. Currently, the highest penalty for illegal residence in the Netherlands is a fine. In the light of the ECJ ruling, illegal immigrants who have committed a crime are unlikely to disappear into a Dutch cell - but they may well soon be obliged to leave the Netherlands.