Italy court kicks back Albania deal to Meloni over human rights hurdle

Italian far-right leader Giorgia Meloni’s flagship ‘return hub’ for Albanian detention centres to take in failed asylum seekers from Italy, has hit an immediate legal hurdle.

Meloni’s government on Monday approved a law that to bypass the legal obstacles of a controversial deal with Albania to detain asylum seekers refused entry by Italy, and process their asylum claims there as well as effect any deportations itself.

The decree allows Italian government to designate entire – not just parts – countries as “safe” for the return of migrants withiout entry permits or other asylum seekers claiming their right to international protection.

But a Rome court on Friday decreed group of migrants sent to Albania could not be detained offshore because their countries of origin — Bangladesh and Egypt— could not be considered safe. According to Italy’s own rules for the scheme, only adult men who are not vulnerable and who are from designated safe countries can be sent to the centers.

The judges cited a ruling by the European Court of Justice, which states that EU member countries can only declare whole nations as safe, not specific regions. Some states Italy sought to designate as safe include unsafe areas.

The Italian government said the ECJ ruling was “very complex” suggesting that the Italian judges might not have understood it correctly. “This ruling, in addition to reiterating the principle that the concept of safe states belongs to states, sets the condition for which states intend to give a different definition of ‘safe country’ in relation to specific cases,” he explained.

He also argued that some migrants might lie about their origins to avoid deportation. “A person can come from a country that is completely safe but claim to be, for example, Bangladeshi,” he said, adding: “This is also something that should be corrected in my opinion.”

The EU’s Court of Justice specified the conditions for the designation by an EU state of any third countries as safe countries of origin: EU law precluded member states from designating a third country as a safe country of origin for only part of its territory.

In February 2024, Italy finalised a deal with Albania to transfer up to 36,000 asylum seekers to detention centres in Albania each year.

The International Rescue Committee (IRC) has warned that the Italy-Albania deal is “costly, cruel and counterproductive” and is likely to push people seeking safety onto more dangerous routes.

The Italian Coast Guard and the Italian Navy will transfer up to 36,000 people who they rescue at sea outside the European Union’s territorial waters to detention centres in Albania. In Albania, those applying for international protection will be housed until their case has been decided. People who are granted asylum will be allowed to enter Italy, while others are likely to be returned to their country of origin.

The Italian government initially budgeted €650 million over five years for the deal, but total spending could reportedly exceed the €1 billion mark. Despite this investment, the opening of the detention centres has been delayed by more than three months.

The Italy-Albania deal affects asylum seekers—theoretically excluding children and vulnerable individuals—who are rescued at sea by the Italian Coastguard and the Italian Navy and are nationals of countries that the Italian government considers to be “safe”. Individuals whose cases fit the criteria for “fast-track asylum procedures” will be transferred to detention centres in Albania.

The Italian government has said that “children, pregnant women and other vulnerable individuals” will not be deported to Albania. However, there are currently no guarantees or safeguards in place to identify these groups and ensure they are exempt from detainment and deportation. 

Asylum seekers who have already arrived in Italy, those who arrive by land, or who are rescued at sea by NGO ships are not subject to the Italy-Albania deal.

The right to seek asylum is enshrined in EU and international law – people have a fundamental right to seek asylum, regardless of their country of origin or where they apply for asylum. Moving people to closed centres away from EU soil jeopardises this human right by effectively detaining individuals for their attempts to find a safe haven and protection.

The Italy-Albania deal is the latest in a series of policies that aim to externalise the EU’s border management. Prior agreements, including the EU-Türkiye agreement, have exacerbated humanitarian and protection concerns for asylum seekers.

Elsewhere, the EU’s agreement with Libya has led to people on the move being intercepted by Libyan authorities and held in detention centres where they are at risk of gender-based violence, exploitation and other forms of abus, which could amount to crimes against humanity, according to the UN.