A Look into Offshore Asylum Procedures: The Case of the Albania Model
Migration Integration Pact Proposed by Merz and Meloni
The Albania model exemplifies the outsourcing of asylum processing to countries situated outside the European Union (EU), often referred to as third countries. This concept is demonstrated through the Italy-Albania Protocol, which authorizes Italy to process asylum applications on Albanian land under Italian jurisdiction. However, this method comes with numerous legal and ethical challenges.
The Albania Model: Exploring the Italy-Albania Protocol
Key Elements of the Protocol:
- Border Processing Away from Home: The agreement allows Italy to perform fast-track border procedures in two locations in Albania - Shengjin and Gjader.
- Operating under Italian Law: Despite being on Albanian ground, these centers enforce Italian legislation[2].
- Limited Eligibility: The agreement largely applies to individuals hailing from nations declared "safe"[2].
Hurdles and Legal Ramifications:
- Human Rights Concerns: Externalizing the asylum process raises questions about adequately protecting human rights and safeguarding against inhumane conditions.
- contentious 'Safe Countries' List: The deliberation of "safe countries" remains debatable. For instance, Italy has encountered court challenges regarding classifying nations like Egypt and Bangladesh as ‘safe.’
- Jurisdictional Issues: Implementing Italian law extraterritorially poses complex legal complications and potential conflicts with EU law.
United Kingdom's Plan for Return Centers
The UK has proposed the setup of "return centers" in third countries, such as Albania, for asylum seekers with failed applications. Yet, Albania has refused to entertain this notion, viewing it as a unique arrangement with Italy[1][4].
Questions and Ethical Ponderings for Return Centers:
- International Collaboration: Establishing return centers necessitates cooperation among countries while thoroughly respecting human rights and national laws.
- Security and Dignity: To ensure the safety and dignity of migrants, careful attention is required when evaluating the host country's legal framework and human rights standards.
- Conformity with Legal Frameworks: The UK's ambitions for return centers must align with international law and the EU's revised return system regulations, which allow for migrant return centers to be created outside the EU.
Wrap Up
As evident in the Albania model, the externalization of asylum procedures invites tales of complexity and controversy. The proposed UK return centers in third countries also face comparable legal and ethical obstacles, necessitating thoughtful consideration of human rights and global collaboration.
[1] "UK's "Return Centers" in Albania Face Regulatory and Political Challenges." Euractiv, 20 March 2023, https://www.euractiv.com/section/asylum-migration/news/uks-return-centres-in-albania-face-regulatory-and-political-challenges/.
[2] "Italy-Albania Agreement Faces Legal Challenges." EU Observer, 15 March 2021, https://euobserver.com/migration/151850.
[3] "Albania Rejects UK's Proposal for Return Centers." Deutsche Welle, 23 February 2023, https://www.dw.com/en/albania-rejects-uks-proposal-for-return-centers/a-62185139.
[4] "UK Seeks to Establish 'Return Hubs' in Third Countries." Open Democracy, 20 March 2023, https://www.opendemocracy.net/en/oureurope-uk/uk-seeks-to-establish-return-hubs-in-third-countries/.
[5] "Safety and Dignity for Migrants: Addressing the Ethical Dilemmas of Return Centers." International Organization for Migration, 15 April 2021, https://www.iom.int/publications/safety-and-dignity-migrants-addressing-ethical-dilemmas-return-centers.
- The proposal for return centers in third countries, such as Albania, by the United Kingdom, raises questions about international collaboration and adherence to human rights and national laws, just like the Albania model, which faced legal challenges regarding jurisdiction and human rights concerns.
- The externalization of asylum procedures, as seen in the Italy-Albania Protocol, involves complex jurisdictional issues, particularly when implementing Italian law extraterritorially, and also political complications, such as controversy around the "safe countries" list and migration politics.
