The European Court of Justice (ECJ) has recently issued a ruling that undermines Italy's efforts to establish a rapid asylum processing system in Albania. This initiative formed a key part of Prime Minister Giorgia Meloni's immigration policy, which aimed to send intercepted migrants directly to Albania for quicker assessments of their asylum applications. However, the ECJ has determined that the Italian government's criteria for designating a country as "safe" for deportations are inconsistent with EU law.
Central to this ruling is the understanding that a country can only be classified as safe if it provides comprehensive protection for all individuals within its borders. Italy's current classifications, for example, deem Egypt and Bangladesh as safe, despite acknowledged vulnerabilities for specific populations within those countries.
In response to the court's decision, the Italian government expressed frustration, arguing that the ruling infringes upon national sovereignty and diminishes its capacity to secure its borders effectively. The court also mandated that the Italian government must publicly disclose the assessments and sources that underpin its categorizations of safe countries, enabling asylum seekers to challenge such decisions legally.
Katia Scannavini from ActionAid Italy emphasized that this verdict dismantles the legal foundation of Italy's Albania project. The ruling has significant repercussions beyond Italy, as it is being monitored by other European nations, like the UK, which also aspire to process asylum claims offshore in an attempt to manage irregular migration inflows.
While the ECJ did not categorically oppose fast-tracking procedures for migrants from safe nations, it stipulated that such policies must undergo revisions to align with EU regulations. This effectively halts Italy's plans in Albania until necessary legislative adjustments are made.
Amnesty International has criticized the Albania deal as a fundamental human rights violation, contending that it centers around an automatic detention system that is unlawful. The impact of the ruling also raises questions about the EU's upcoming migration pact set to take effect next year, which will introduce a unified list of safe countries.
Ultimately, the court emphasized the judiciary's authority over the political landscape when it comes to classifying safe nations, leaving Italian judges with the obligation to prioritize EU laws over national statutes in their rulings on asylum cases. This legal landscape creates additional challenges for the Italian government's immigration strategies, potentially complicating their plans to manage migration effectively.
