In a critical legal setback for Italy’s controversial migration agreement with Albania, a Rome court has ordered that the remaining 12 asylum seekers held at an Albanian processing centre be transferred back to Italy.
The ruling follows a European Court of Justice (ECJ) decision that deemed the countries of origin for the detained individuals – Egypt and Bangladesh – as unsafe for their return. This ruling essentially empties the Albanian processing centre, casting doubt on Italy’s strategy to curb migrant arrivals through offshoring.
The agreement, which was part of Prime Minister Giorgia Meloni’s hardline immigration policy, aimed to process asylum seekers in Albania as a way to alleviate the influx of migrants arriving in Italy, particularly on the island of Lampedusa. The Albanian processing centre was designed to handle up to 3,000 men per month, with women, children, and vulnerable individuals exempt and instead taken to Italy.
However, the Italian judges’ ruling on Friday further complicates the already controversial plan.
Sixteen down to 12, then none
Of the 16 migrants originally sent to the Albanian port of Shëngjin earlier this week, four were immediately returned to Italy, as two were determined to be minors and two were classified as vulnerable.
Now, the remaining 12 are set to return to Italy following the court’s decision that deporting them back to their home countries posed a risk of violence.
The court’s decision has prompted strong reactions from the Italian government. The Brothers of Italy (FdI) party, led by Meloni, took to social media to express frustration, accusing “politicised magistrates” of undermining Italy’s sovereignty.
“Politicised magistrates want to abolish Italy’s borders. We will not allow it,” the party wrote in a statement. Meanwhile, Interior Minister Matteo Piantedosi vowed to take the case to the Court of Cassation, Italy’s highest court. “We will appeal all the way,” Piantedosi said. “We will continue with what Italy is achieving in Albania, and beyond, it will become European law.”
Italy News Online spoke to a legal studio dealing with processing migrant appeals to stay. Stefano, who travels the country processing paperwork with local Questuras, said on the day the original 16 were sent on their way, “I give it two days until they are returned.
“There are two issues here. Firstly, the judiciary tend to be more left-wing and will not approve of the Albanian ‘solution’. Secondly, and more importantly, there are legal questions about the processing of cases outside of Italy, and the safe return of individuals from whence they came.”
Wider issue within EU
The controversy over the Albania-Italy migration deal echoes wider debates within the European Union about establishing offshore migrant processing centres. At a recent EU summit in Brussels, leaders discussed the potential for setting up similar hubs in countries outside the bloc as part of a tougher approach to migration. European Commission President Ursula von der Leyen indicated that discussions on how such centres might function would continue, but the legal and practical challenges remain significant.
Activists and human rights organisations have sharply criticised the offshoring model, warning of its potential to violate international law. Michele LeVoy, director of the Platform for International Cooperation on Undocumented Migrants (PICUM), said the network was “appalled” by the growing support for offshore migrant hubs.
“Aside from being a logistical and financial nonsense, it’s a cruel system that breaches international and EU law and puts people at risk of being abused with no clear options to get justice and remedies,” LeVoy said.
Difficulty in classifying non-EU countries as “safe”
Despite the Italian government’s insistence on the legality and necessity of its deal with Albania, the recent court rulings, backed by the ECJ’s earlier decision, highlight the difficulties of classifying non-EU countries as ‘safe.’
Under current European law, a country can only be deemed safe if there is no risk of persecution or inhumane treatment across its entire territory. The court’s rejection of Egypt and Bangladesh as safe countries has undermined Italy’s efforts to send asylum seekers back to their countries of origin via Albania.
Meloni’s government now faces mounting pressure, with opposition parties and media outlets calling for accountability. The Democratic Party criticised the plan as an expensive failure, pointing out that the Italian government spent €250,000 transporting the migrants to Albania on a military vessel. The European Party called for Piantedosi’s resignation, arguing the initiative has backfired.
The Albanian migration hub deal, which is projected to cost Italy €1 billion over five years, is part of a broader European strategy to reduce irregular migration. However, Friday’s ruling signals that significant legal hurdles remain, and whether other EU nations will follow Italy’s lead in establishing offshore processing centres is still uncertain.
