An Egyptian national who sought protection in Italy after arriving on the island of Lampedusa in August may end up dealing a constitutional blow to the EU’s asylum laws after seeking legal counsel.
The Egyptian, who is not named, had his asylum claim rejected even though he did not understand his translator. His is appealing.
“Not even European Union law can conflict with our supreme principles,” his lawyer, Claudia Avenia told EUobserver earlier this week.
Aside from his own personal circumstances, his legal case is raising serious issues that could have a knock-on effect on the EU’s new asylum and migration pact, which kicked into force this past June across all 27 EU member states.
Because he is from Egypt, he was shuffled through a fast track asylum procedure. EU laws require the accelerated process from nationals who have a 20 percent chance or less of getting asylum in Europe. Egypt fits into this category.
A new EU law also meant that he was technically not yet legally inside the EU as authorities carried out health checks, identification and other assessments during a so-called pre-screening phase.
It means he was banned from stepping outside a reception centre, where he was being housed.
Lawyers describe it as the legal fiction of non-entry, similar in scope to certain areas of international airports. Rights experts had earlier warned, when the EU rules were being drafted, that this would lead to defacto detention.
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