The European Court of Justice has delivered a significant blow to Italy’s controversial plan to process migrants in Albania, questioning the legal basis of the agreement. The ruling casts doubt on the government’s strategy to handle asylum seekers outside EU territory, potentially impacting similar initiatives across Europe.
EU Court Undermines Italy’s Albania Migrant Deal
The European Court of Justice (ECJ) has ruled against a key aspect of Italy’s agreement with Albania, which aimed to process asylum seekers rescued at sea in facilities located in the non-EU country. The court’s decision centers on Italy’s designation of certain countries as "safe," a classification crucial for fast-tracking asylum rejections and subsequent deportations.
Key Takeaways:
- The ECJ ruled that a country cannot be deemed "safe" if it does not offer sufficient protection to all individuals within its borders.
- Designations of "safe countries of origin" must be enshrined in national legislation and be subject to judicial oversight.
- Italy’s classification of countries like Bangladesh and Egypt as "safe" has been questioned due to a lack of transparency and accessibility of supporting evidence.
- The ruling applies under the current legal framework until the new EU Migration and Asylum Pact takes effect in June 2026.
Legal Challenges and Government Response
The ruling follows preliminary questions raised by Italian judges who had previously ordered the return of migrants from Albania to Italy, citing issues with EU law. The ECJ clarified that while member states can designate "safe" countries, this must meet strict legal standards, allowing applicants and courts to challenge the evidence. The court specifically noted that a country might not be classified as "safe" if it fails to provide adequate protection to its entire population.
Prime Minister Giorgia Meloni’s office criticized the ruling as "surprising" and accused European judges of overstepping their authority. Meloni vowed to explore all legal and technical solutions to safeguard citizens’ security during the remaining months before the new EU Migration Pact takes effect. However, Italy’s National Association of Magistrates pushed back, stating that Italian judges were merely interpreting the law, a stance now upheld by the European Court.
Concerns Raised by NGOs
Italian NGOs have also voiced strong criticism of the agreement. Organizations within Italy’s national asylum and immigration coalition (TAI) have called for the suspension of the Italy-Albania protocol. They allege that migrants have been transferred to Albania without proper written justification and that coercive measures have been used arbitrarily. The NGOs argue that the lack of transparency surrounding the "Albanian model" is intentional and that the facilities are "useless and inhumane."
Cost and Effectiveness of the Scheme
Reports indicate that the cost of constructing the facilities in Albania is significantly higher than for equivalent centers within Italy. One study found that each place in Albania costs over €153,000, compared to approximately €21,000 in Sicily. Despite the capacity to house thousands of migrants monthly, the centers currently hold only a few dozen people due to ongoing legal challenges and controversies over their legality.
Sources
- EU Court deals blow to Meloni’s Albania migration deal, Euractiv.
- EU court questions Italy’s ‘safe country’ list underpinning Albania camps scheme, Hindustan Times.
- Italian NGOs call for suspension of Italy-Albania agreement, InfoMigrants.
- EU court rebukes Italy over migrant transfers to Albania, Euronews.com.
- Top EU court questions premise of Italy’s Albania migrant camp scheme, InfoMigrants.
