Italy's Offshore Asylum Processing Plan Faces Setback from EU Court Ruling

The ruling complicates Italy's immigration strategy and raises questions about the legality of offshore asylum processing.

A recent ruling by the European Court of Justice (ECJ) has dealt a significant blow to Italy's plans for offshore asylum processing in Albania, as it challenges the government's definitions of "safe" countries for migrant returns. Prime Minister Giorgia Meloni's 2023 agreement with Albania, which was designed to streamline the deportation of rejected asylum seekers, now encounters legal hurdles. The ECJ emphasized that a country can only be deemed "safe" for return if it provides comprehensive protection to all inhabitants, contradicting Italy's current stance that includes countries like Egypt and Bangladesh as safe, despite acknowledging threats to certain groups.

The Italian government has reacted strongly against the ruling, accusing the European court of overstepping its bounds and expressing concerns over national security. The ECJ further mandated that the Italian government must disclose the evidence supporting its determinations on safe countries, allowing asylum seekers the opportunity to contest decisions affecting them.

Katia Scannavini from ActionAid Italy stated, "Today, the court makes clear that a country cannot be designated as safe unless it offers effective, generalized protection, for everyone and everywhere." She suggested that the foundation of Italy's Albania project is now legally unstable, drawing attention from other nations, including the UK, which are monitoring the developments for their implications on offshore asylum policies.

Despite the setback, the ECJ did not dismiss the concept of speedy asylum processing for migrants from so-called safe nations but insisted that Italy must revise its legal framework to comply with EU standards. Amnesty International's migration researcher, Adriana Tidona, indicated that the ruling significantly hampers Italy's plans for the Albania initiative, branding the underlying automatic detention system as unlawful.

The implications of this ruling extend to future agreements under the new EU migration pact set to launch next year, which will establish a standardized list of safe countries for returns. However, the ECJ's ruling clarifies that the power to determine the safety of nations rests with the judiciary, not politicians. This indicates a shift in the responsibility for upholding legal standards, requiring Italian judges to prioritize EU law over national legislation in matters of asylum and migrant processing.