Italy plan to treat migrants in Albania has treated the EU court

A decision of the EU court brought a hard blow for Italian attempts to create an accelerated system in Albania for the treatment of offshore asylum applications.

The European Court of Justice (CJCE) said that the way in which the Italian government is currently defining whether a country is “safe” to return a person whose request is rejected contravenes the law of the EU.

This concept of “safe country” is at the heart of the agreement that Prime Minister Giorgia Meloni concluded with Albania in 2023 to send migrants intercepted at sea directly there for accelerated treatment.

Whoever of a “safe country” which was denied asylum was supposed to be expelled in a week.

But the CJCE has judged that a nation can only be included on the government’s list if the whole population is sure, which means that Italy will have to revise its procedure.

He currently identifies Egypt and Bangladesh, for example, as sure, while accepting that certain groups require protection.

The decision provoked a reaction of anger of the government in Rome which declared that the European Court exceeded its role, adding that the decision would weaken the capacity of the countries to “defend national borders”.

The European Court also said that the Government had to make public evidence and sources public to reach its conclusions on safe countries, so that asylum seekers can challenge the decision in their affairs.

“Today, the court clearly indicates that a country cannot be appointed as safe, unless it offers effective and generalized protection, for everyone and everywhere, and unless this complaint can be verified and disputed independently,” said Katia Scannavini of Actionaid Italy.

“The so-called Albania model collapses to his legal heart,” she explained.

The fate of the Italy project in Albania is closely monitored by other governments, especially in the United Kingdom, which wishes to manipulate offshore asylum applications while they are trying to reduce the number of irregular migrants arriving in their country.

Means the centerpiece of the difficult approach of Meloni to immigration, the agreement in Albania struck legal obstacles from the start. The handful of migrants who were sent there were all returned to Italy after the lawyer’s intervention.

Several times compared to the budget, the centers built have never been used as planned.

In its decision, the European Court did not in principle oppose an accelerated procedure for migrants from safe countries, but it clearly indicated that the implementation of this policy should change.

“It is fundamental: the concept of the” safe country of origin can no longer be used to make transfers in Albania until Italian law is modified to comply with EU legislation, “said Amnesty international migration researcher Adriana Tidona, BBC.

“This puts a significant judgment on the plans of Italy in Albania.”

The amnesty, like others, considers that Albania deals with a more fundamentally human rights violation. “It does not do with safe countries of origin, but with the fact that it is based on an automatic detention system,” said Adriana Tidon. “It’s illegal.”

It is not clear what impact can have the impact of today on the new EU migration pact which comes into force next year and introduces a common list of safe countries for yields – notably Egypt and Bangladesh.

But the decision clearly indicates that the definition of safe countries does not reside ultimately with politicians.

“The court says that it is the judge who has the power to make evaluations on safe countries,” said Daniele Gallo, professor of EU law at Luist University in Rome. “All that the government says, each judge in Italy now has a duty to reserve Italian legislation and apply the law of the EU.”