Italy's Migrant Processing Plans in Albania Face EU Court Setback

The ECJ has stated that Italy's definition of "safe countries" is not compliant with EU law, impacting its plans to expedite migrant applications in Albania.

 

Italy's ambitious plan to process migrant applications in Albania has hit a significant hurdle following a ruling from the European Court of Justice (ECJ). The court decided that Italy's criteria for designating countries as "safe" for returning rejected asylum seekers contravenes EU regulations. This ruling raises questions about Italian Prime Minister Giorgia Meloni's agreement with Albania, designed to facilitate the quick processing of migrants intercepted at sea.

A central element of the plan, established in 2023, aimed to expedite the deportation of individuals from "safe countries" within a week of their asylum application rejection. However, the ECJ stipulates that a designation as a safe country can only be applied if the entire population there receives adequate protection. By this ruling, Italy faces the need to revise its position on countries like Egypt and Bangladesh, where it previously identified certain groups as unsafe while deeming the nations themselves as safe.

The decision has sparked criticism from the Italian government, with officials asserting that the EU court overstepped its authority and undermined national border controls. The ECJ also mandated that the Italian government disclose any evidence backing its claims regarding safe countries, allowing asylum seekers the opportunity to contest these decisions.

Katia Scannavini from ActionAid Italy articulated that the ECJ's ruling dismantles the legal foundation of Italy's "Albania model." The scrutiny surrounding this project is now extending beyond Italy, with other nations, including the UK, observing the legal proceedings closely as they contemplate similar offshore asylum procedures.

Initially intended as a flagship solution to immigration, Italy's Albania project has faced legal challenges from the outset, with lawyers intervening on behalf of migrants who were referred there, resulting in their return to Italy. Furthermore, the facilities established for processing migrants have remained unused and have exceeded budget expectations.

The ECJ acknowledged the necessity for a fast-track migrant processing system but clarified that such mechanisms must align with EU legislation. Amnesty International's Adriana Tidona emphasized the need for Italian law reform to continue utilizing the "safe country" framework for transfers to Albania, highlighting ethical concerns over the country's automatic detention system for migrants as well.

This legal ruling may also influence upcoming EU migration policies, set to be implemented next year, which propose a standardized list of safe countries for deportation. However, the court has indicated that assessments of safety are ultimately the purview of the judiciary, reiterating that Italian judges must apply EU law above national legislation in their rulings.