Italy plan to process migrants in Albania dealt blow by EU Court

A ruling by the EU’s top court has dealt a further blow to Italy’s attempts to create a fast-track system in Albania for processing asylum applications offshore.

The European Court of Justice (ECJ) has said that the way the Italian government currently defines whether a country is “safe” to return someone whose application is rejected contravenes EU law.

That “safe country” concept is central to the deal that Prime Minister Giorgia Meloni struck with Albania in 2023 to send migrants intercepted at sea straight there for accelerated processing.

Anyone from a “safe country” who was refused asylum was supposed to be deported within a week.

But the ECJ has ruled that a nation can only be included on the government’s list if the entire population there is safe, which means Italy will have to revise its procedure.

It currently identifies Egypt and Bangladesh, for example, as safe, whilst accepting that certain groups there require protection.

The ruling brought an angry reaction from the government in Rome which said the European court was overstepping its role, adding that the decision would weaken the ability of countries to “defend national borders”.

The European court also said that the government must make public any evidence and sources it uses in reaching its conclusions on safe countries, so that asylum seekers can challenge the decision in their cases.

“Today, the court makes clear that a country cannot be designated as safe unless it offers effective, generalised protection, for everyone and everywhere, and unless that claim can be independently verified and challenged,” Katia Scannavini of ActionAid Italy explained.

“The so-called Albania model collapses at its legal core,” she argued.

The fate of Italy’s Albania project is being watched closely by other governments including in the UK which are keen on handling asylum applications offshore as they try to reduce the number of irregular migrants arriving in their countries.

Meant as the centrepiece of Meloni’s tough approach to immigration, the Albania deal has hit legal obstacles from the very start. The handful of migrants who were sent there were all eventually returned to Italy after the intervention of lawyers.

Many times over budget, the centres that were built have never yet been used as intended.

In its ruling, the European Court did not object in principle to a fast-track procedure for migrants from safe countries, but it made clear that the implementation of that policy must change.

“It’s fundamental: the ‘safe country of origin’ concept can no longer be used to carry out transfers to Albania until Italian law is changed to be in line with EU legislation,” Amnesty International migration researcher Adriana Tidona told the BBC.

“This puts a significant halt to Italy’s plans in Albania.”

Amnesty, like others, considers the Albania deal a violation of human rights more fundamentally. “That isn’t to do with the safe countries of origin, but with the fact that it’s based on an automatic detention system,” Adriana Tidona said. “That’s unlawful.”

It is not clear what impact today’s ruling may have on the new EU migration pact which enters into force next year and introduces a common list of safe countries for returns – including Egypt and Bangladesh.

But the decision does make clear that the definition of safe countries does not ultimately lie with politicians.

“The court says it’s the judge who has the power to make assessments about safe countries,” Daniele Gallo, professor of EU law at Rome’s Luiss University explains. “Whatever the government says, every judge in Italy now has a duty to set aside Italian legislation and apply EU law.”