The Italian Cassation Court made a decision that shook the national political scene. On Friday, the court obliged the government to pay compensation to a group of illegal immigrants who were held on board the Diciotti ship in 2018. This decision was met with the fierce opposition of Prime Minister Giorgia Meloni and Deputy Prime Minister Antonio Tajani, who deemed it to be undermining the sovereignty of the state and its right to the protection of borders.
Background: Diciotti Ship and Matteo Salvini decision
The case concerns the August 2018 events erstwhile a ship of the Italian Coast defender Diciotti carried 190 migrants who attempted to cross the Mediterranean to Europe. At the time, Matteo Salvini, serving as Home Secretary, refused to let the immediate landing of illegal immigrants on Italian land. This decision was part of his hard migration policy, which intended to reduce the influx of illegal migrants into Italy.
Salvini argued that allowing more migrants to land would encourage risky attempts to enter Europe. In the end, after respective days of negotiations, the government allowed only people in request of medical assistance to leave the ship and the remaining migrants were allowed to land only after they had agreed to redistribute them to another European Union countries.
Court of Cassation ruling: Government must pay
On Friday, the Court of Cassation found that the 2018 government's actions violated the rights of migrants. The court ruled that the government had to pay compensation for prolonged detention on board the ship. The case was referred to a lower court to find the exact amount of compensation.
This decision caused a storm among the Italian authorities. Prime Minister Giorgia Meloni expressed her outrage on X (formerly Twitter), writing: "In fact, as a consequence of this decision, the government will gotta pay compensation – with the money of honest Italian citizens who pay taxes – to those who tried illegally to enter Italy, i.e. in violation of Italian State law".
Deputy Prime Minister Antonio Tajani besides criticised the ruling, stressing that it undermines the government's work to defend state borders. "If all illegal migrants were seeking akin compensation, this could have a crucial impact on state finances" He warned Tajani.
Le Sezioni Unite della Corte di Cassazione hanno condannato il governo a risarcire un grouppo di immigrati illegali trasportati dalla nave Diciotti perché il governo di allora, con Ministro dell’Interno Matteo Salvini, non li fece sbarcare immediatamento in Italia.
Lo fanno...
— Giorgia Meloni (@GiorgiaMeloni) March 7, 2025
Controversy around the decision of the court
The decision of the Court of Cassation raised widespread controversy not only among politicians but besides among Italian citizens. Many believe that this ruling calls into question the sovereignty of the State and its right to control its own borders. Critics indicate that this decision can make a dangerous precedent by encouraging further illegal migrants to search compensation for akin situations.
On the another hand, human rights defenders stress that the decision of the court is simply a step towards ensuring justice and the protection of the fundamental rights of people who frequently escape war, persecution and poverty.
What's next?
The case was referred to a lower court to find the amount of compensation. However, it is already known that this decision will have far-reaching consequences for Italian migration policy and for the relation between judicial and executive authorities.
The Italian government announced that it would defend its decisions, stressing that border protection is 1 of the primary obligations of the state. At the same time, the decision of the Court of Cassation may give emergence to a broader debate on the rights of migrants and the work of States for their treatment.
Summary
The decision of the Italian Court of Cassation ordering the payment of compensation to illegal immigrants of 2018 has aroused large emotions and controversy. For some, this is simply a step towards justice, for others – a dangerous precedent that undermines the sovereignty of the state. As the case continues, it now depends on the lower court and the consequence of the Italian government.
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The Italian Court of Cassation orders the government to pay compensation to illegal immigrants
