The European Union’s top court has dealt a blow to Italy’s 2023 migration deal with Albania, ruling that countries cannot label another nation “safe” for asylum seekers unless that safety applies to all individuals, including vulnerable groups.
The European Court of Justice (ECJ) sided with an Italian court that had challenged Rome’s decision to classify Bangladesh as a “safe country of origin”. That label allowed Italy to transfer asylum seekers to detention centres in Albania while their claims were reviewed — a policy the court has now found to be incompatible with EU asylum law.
Judicial Review must be possible
In its ruling, the ECJ stressed that governments must provide transparent, accessible evidence when making such designations, and that these decisions must be open to judicial review. A country cannot be considered safe if specific individuals or groups may still face danger there, the court said.
The case was triggered by two Bangladeshi nationals who were rescued at sea by Italian authorities and transferred to Albania, where Italy has built offshore asylum centres. Under current policy, only migrants from countries deemed “safe” can be sent there. Others must remain in Italy while their claims are processed.
Italy had updated its “safe countries” list in October 2024, adding Bangladesh, Egypt, and others — a move criticised by human rights groups for ignoring individual risks.
Rome responds
Italy’s right-wing government, led by Prime Minister Giorgia Meloni, pushed back strongly against the ruling. A government statement accused the ECJ of “judicial overreach”, saying it undermined national sovereignty and immigration controls.
“The court has placed the views of individual judges above extensive state assessments,” the statement read.
Despite the ruling, Italy said it would continue deportations to Albania — at least for now. Authorities have since redefined the role of the Albanian centres, saying they will now host only migrants whose asylum applications have already been rejected.
Cost and Capacity Concerns
So far, Italy’s centres in Albania house only a few dozen migrants, despite a target of 3,000 per month. They are also far more expensive than domestic options. A recent university study found the cost per migrant in Albania exceeds €153,000, compared to €21,000 in similar Sicilian facilities.
EU Asylum Law in Flux
Although the ruling is a victory for Italian courts, its long-term impact may be limited. EU asylum regulations are currently under revision. A new framework, expected by June 2026, may allow member states to designate countries as “safe” with specific exceptions — a model closer to Italy’s current approach.
The European Commission has also proposed a non-binding list of safe countries, which includes both Egypt and Bangladesh, suggesting a possible shift in EU policy that could eventually align with Italy’s strategy.
