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Italian migrant transfers to Albania reprimanded by EU court

Italy's high court rejects Italy's utilization of Albania-based migrant detention centers, asserting that nations cannot classify another country as safe for asylum seekers unless that safety applies universally to all individuals - a setback for Italy's 2023 agreement

Italy reprimanded by EU court for transferring migrants to Albania
Italy reprimanded by EU court for transferring migrants to Albania

Italian migrant transfers to Albania reprimanded by EU court

The European Court of Justice (ECJ) has ruled against Italy's use of Albania-based migrant detention centers, stating that the country cannot unilaterally declare another country like Albania as "safe" for asylum seekers in a way that bypasses proper judicial scrutiny.

The ruling, announced on August 1, 2025, limits Italy's fast-track system for deporting migrants considered from safe countries. However, Italy continues to deport migrants to Albania for now, having adjusted the role of the Albania centers to hold migrants whose asylum claims have already been rejected.

The ECJ's decision was prompted by cases like two Bangladeshi nationals transferred from Italy to Albania and fast-tracked for rejection based on Italy’s safe country list, a method questioned by both Italian and EU courts.

The ruling emphasizes that while Italy’s fast-track procedure itself is not inherently illegal under EU law, the designation of safe countries (including Albania, Bangladesh, Egypt) must allow migrants judicial opportunities to challenge asylum decisions, ensuring protection of their rights.

Despite the court's rejection of Italy’s approach, the immediate practical impact is limited because Italy continues operations under modified terms. Italy holds only a few dozen migrants in these Albania centers, far below the target capacity of 3,000 monthly, and the centers are notably expensive compared to equivalent facilities inside Italy.

The ECJ ruling comes as EU asylum law is evolving. A new EU regulation set to take effect by June 2026 (or earlier) is expected to formalize conditions under which countries can be declared safe, bringing EU rules closer to Italy's approach but with added safeguards and exceptions. The European Commission also proposed a non-binding list of safe countries—including Egypt and Bangladesh—that may influence future policy coordination across the EU.

The migrant crisis continues to be a significant issue in both Greece and Italy. The Greek parliament has passed a suspension of asylum claims for African migrants, despite criticism. Meanwhile, Italy has redefined the role of the Albanian centres to include migrants whose asylum claims have already been rejected.

The Italian government, led by Prime Minister Giorgia Meloni, has criticized the ECJ ruling, accusing it of "overreach" and undermining national sovereignty. The government argues that the ECJ prioritized individual judges' opinions over in-depth government investigations.

In the face of these challenges, the EU asylum law is expected to undergo significant changes in the near future, which may reshape the framework for such centers and fast-track asylum processing.

  1. While the European Court of Justice (ECJ) has restricted Italy's fast-track system for deporting migrants, it continues to send migrants to Albania, altering the Albanian centers to accommodate those whose asylum claims have been rejected.
  2. The ECJ's ruling against Italy's migration policy-and-legislation on migrant detention centers highlights the need for proper judicial scrutiny and individual migrants' rights protection.
  3. Amid criticism, Greece's parliament temporarily suspends asylum claims for African migrants, mirroring Italy's recent adjustment of Albanian centers to house rejected asylum seekers.
  4. In the wake of the ECJ ruling, the Italian government, led by Prime Minister Giorgia Meloni, criticizes the decision, suggesting it encroaches upon national sovereignty and undermines thorough government investigations.
  5. As the migrant crisis persists in Europe, the EU asylum law is anticipated to change significantly in the near future, potentially redefining detention center operations and fast-track asylum processing.
  6. As part of evolving EU asylum law, a new regulation may soon take effect, formalizing conditions for declaring safe countries and bringing EU rules closer to Italy's approach while incorporating safeguards and exceptions.

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