Italy's Offshore Migrant Processing Plan in Albania Faces EU Legal Setback

Italy’s ambitious plan to establish a fast-track asylum system for migrants in Albania suffers a significant judicial setback, as the European Court of Justice (ECJ) declares the country’s current safety assessments non-compliant with EU regulations.

A recent ruling from the European Court of Justice (ECJ) has severely undermined Italy's initiative to expedite asylum applications by processing migrants in Albania. The court's decision articulated that Italy's existing criteria for designating countries as "safe" for deportations violates EU law, which is crucial to Prime Minister Giorgia Meloni's agreements aimed at managing migrant flows. The ECJ's assertion emphasizes that a nation can only be deemed safe if it protects its entire population, compelling Italy to revisit its approach.

Under the controversial deal forged in 2023, Italy planned to swiftly send intercepted migrants directly to Albania for processing, with a provision for rapid deportation within a week for those denied asylum. However, this plan has faced complications. The ruling pointed out that Italy had misclassified countries such as Egypt and Bangladesh as safe while acknowledging that specific demographics within those nations required additional protection.

The Italian government reacted furiously, accusing the European court of exceeding its authority and undermining national security efforts. The ECJ also mandated that Italy must disclose the evidence and sources relied upon in declaring any country safe, allowing migrants to contest those declarations.

Katia Scannavini from ActionAid Italy critiqued the ruling, stating, "The so-called Albania model collapses at its legal core," emphasizing systemic flaws in Italy’s policies. The ramifications of this ruling reach beyond Italy, drawing the attention of other nations, including the UK, which are considering similar offshore processing systems as a strategy to mitigate irregular migration.

Although the ECJ did not oppose the concept of fast-tracking asylum claims from designated safe countries, it made it clear that current practices must align with EU standards. Adriana Tidona, a migration researcher with Amnesty International, highlighted the ruling's critical implications: “This puts a significant halt to Italy's plans in Albania.”

Human Rights watchdogs have raised alarms about human rights violations inherent in Italy's plan, particularly the reliance on automatic detention. The lack of clarity surrounding the new EU migration pact, set to commence next year and featuring a common list of safe countries—including Egypt and Bangladesh—may additionally complicate Italy's efforts.

Experts assert that the definitive authority on the designation of safe countries rests not merely with national governments, but with the judiciary. Professor Daniele Gallo from Luiss University in Rome remarked, "Every judge in Italy now has a duty to set aside Italian legislation and apply EU law." The legal implications of the ECJ's ruling mark a pivotal moment for Italy's immigration policy and its broader vision of engaging with migrant crises.