Italy's Asylum Processing Plan in Albania Faces Setback After EU Court Ruling

The ruling challenges Italy's strategy to fast-track asylum applications and may have broader implications for EU migration policies.

In a significant legal development, Italy's plans for processing migrants in Albania have suffered a setback following a ruling from the European Court of Justice (ECJ). The ECJ determined that Italy's definition of a "safe country" for the return of rejected asylum seekers does not comply with EU regulations, threatening the framework Prime Minister Giorgia Meloni had established with Albania in 2023.

The Italian government intended to expedite asylum applications by deporting migrants intercepted at sea to Albania, assuming the country was safe. However, the ECJ clarified that a nation can only be classified as safe if it provides comprehensive protection for its entire population, forcing Italy to reassess its approach. The existing criteria have categorized countries like Egypt and Bangladesh as safe, while acknowledging that certain demographics require asylum.

Italy's government reacted strongly, arguing that the court's ruling encroached on national sovereignty and undermined efforts to secure the nation's borders. The ECJ also mandated that the evidence supporting a country’s designation as safe must be disclosed, enabling asylum seekers to contest such classifications.

Katia Scannavini from ActionAid Italy stated, "The so-called Albania model collapses at its legal core," emphasizing the decision's legal ramifications. Other European nations, particularly the UK, are closely monitoring this situation as they explore similar offshore asylum processing models, aimed at reducing irregular migration.

Despite initial ambitions, Italy's Albania initiative has encountered persistent legal hurdles. The few migrants who were relocated to Albania were subsequently sent back to Italy after legal advocacy intervened. Additionally, facilities established in Albania for processing migrants have yet to be utilized as initially planned.

While the ECJ did not oppose the idea of a rapid processing system, it insisted that Italy must revise its implementation to adhere to EU law. Amnesty International's Adriana Tidona noted, "This puts a significant halt to Italy's plans in Albania," highlighting the model's potential human rights violations tied to automatic detention practices.

The implications of this ruling extend beyond Italy, as it raises questions about the forthcoming EU migration pact scheduled to take effect next year, which proposes a standardized list of safe countries for returns. The court clarified that the authority to determine safe status rests with the judiciary, rather than politicians, implying that judges in Italy are now required to prioritize EU law over national legislation.