Italy’s plan to expedite the processing of migrants by sending them to Albania has encountered a significant setback following a ruling by the European Court of Justice (ECJ). The court has asserted that the standards Italy employs to designate a "safe" country for the return of rejected asylum seekers do not align with EU law.
This "safe country" designation is pivotal to the agreement that Prime Minister Giorgia Meloni established with Albania in 2023. Under the plan, migrants intercepted at sea were to be transferred to Albania for accelerated processing, with a stipulation that anyone from a "safe country" facing denial of asylum could be deported within a week. However, the ECJ's ruling emphasizes that countries can only be considered "safe" if they provide comprehensive safety and protection for all individuals, indicating that designated nations must be devoid of any groups requiring protection.
Italy currently recognizes Egypt and Bangladesh as safe countries while acknowledging that specific populations within those nations need safeguarding. The ECJ’s ruling mandates that Italy must publicly disclose the evidence and resources it utilizes in classifying a country as safe, a stipulation meant to allow asylum seekers the opportunity to dispute such designations in their individual cases.
The Italian government has reacted furiously, asserting that the decision undermines national sovereignty and border enforcement. Katia Scannavini of ActionAid Italy commented, “Today, the court makes clear that a country cannot be designated as safe unless it offers effective, generalized protection, for everyone and everywhere.”
This development is noteworthy for other governments, especially in the UK, which have also been contemplating similar offshore asylum processing strategies to decrease irregular arrivals. The Albania initiative, under Meloni's stringent immigration policies, has faced legal challenges from its inception, with previous migrant transfers back to Italy following legal interventions.
The new ECJ ruling did not outright reject the concept of fast-tracking asylum applications from recognized safe countries but necessitates changes in implementation. Adriana Tidona from Amnesty International highlighted that the ruling introduces a substantial interruption to Italy's Albanian operations. She expressed concerns regarding the automatic detention systems instituted by the agreement, labeling them unlawful in nature.
Looking ahead, the implications of the ECJ ruling on the forthcoming EU migration pact set to launch next year, which will include a standardized list of safe return countries, remain uncertain. However, the ruling reinforces that politicians do not have the final say in declaring what constitutes a safe country. According to Daniele Gallo, a professor of EU law, judges in Italy are now mandated to disregard national legislation that conflicts with EU law, ensuring that the parameters set by the ECJ are adhered to in all immigration matters.
