A ruling from the European Court of Justice (ECJ) has significantly challenged Italy's initiatives to establish a rapid migrant processing system in Albania. The court has asserted that the Italian government's criteria for designating a country as "safe" for returning rejected asylum seekers violates EU law. This ruling poses substantial obstacles to a deal struck in 2023 by Italian Prime Minister Giorgia Meloni, allowing for migrants intercepted at sea to be redirected to Albania for expedited processing.
Under the proposed system, individuals from designated "safe countries" could be deported within a week if their asylum applications were rejected. However, the ECJ determined that a country can only be labeled as safe if it provides comprehensive protection to its entire population. This ruling necessitates Italy's reevaluation of its classification process, as it currently includes nations like Egypt and Bangladesh on its safe list, despite acknowledging that certain vulnerable groups there require protections.
The Italian government reacted strongly to the court's decision, criticizing it as an infringement on national sovereignty and claiming it undermines the ability to secure national borders. The court emphasized that any evidence used to classify a country as safe must be transparent and open to scrutiny by asylum seekers, allowing them to contest such decisions.
Katia Scannavini from ActionAid Italy noted that the ruling effectively dismantles the legal framework of the Albania model. The fate of the Albanian processing initiative is receiving significant attention from other nations, particularly the UK, as they explore similar offshore migration handling approaches.
The Albania agreement has faced legal hurdles since its inception, with initial deported migrants being returned to Italy after legal challenges. The surrounding infrastructure remains underutilized, with expenses exceeding budget projections.
While the ECJ did not oppose fast-tracking asylum processes for migrants from recognized safe states but stressed that Italy's execution of such policies must comply with EU law, experts like Adriana Tidona from Amnesty International believe this halts Italy's plans for Albania substantially. She asserts that the deal not only risks violating EU standards on safe countries but also violates fundamental human rights through the reliance on an automatic detention framework, which is illegal.
Looking ahead, the ruling's ramifications for the upcoming EU migration pact, set to commence next year and introduce a standardized safe country list, remain uncertain. Nonetheless, it underscores that the designation of safe countries is not solely a political matter—the ultimate authority lies with the judiciary. Experts assert that judges in Italy now have the responsibility to prioritize EU law over domestic regulations concerning safe country classifications.
