Govt Expresses Fury Over ECJ Ruling on Albania Migrant Centres Agreement
Rome: Premier Giorgia Meloni’s office expressed staunch criticism after the European Court of Justice (ECJ) delivered a significant setback to the government’s controversial agreement with Tirana for Italian-run migrant-processing centres in Albania with a ruling on Friday.
According to Ansa News Agency, the ECJ stated it was legitimate for national governments to determine which countries of origin are considered safe through legislation, as Italy has attempted to do to overcome legal challenges regarding the agreement. However, the court emphasized that such decisions must “be subject to effective judicial review” and that a Member State cannot include a country in the list of safe countries of origin “if that country does not offer adequate protection to its entire population.”
In response, Meloni’s office released a statement describing the decision as “surprising” and concerning. The statement criticized the European jurisdiction for encroaching on political responsibilities, arguing that the ruling allows national courts to decide on aspects of migration policy, such as regulating returns and expulsions of irregular migrants, over complex investigations conducted by relevant ministries and evaluated by a sovereign parliament.
The statement further warned that the ruling diminishes the autonomy of governments and parliaments in managing migration issues, thereby weakening efforts to counter mass illegal immigration and protect national borders. It also noted the timing of the decision, which comes months before the EU Pact on Immigration and Asylum is set to be enforced, with stricter rules on identifying safe countries.
Meloni’s office vowed to continue seeking solutions to safeguard national security in the interim period before the European Pact takes effect. The Italian judiciary had previously refused to validate the detention of asylum seekers sent to Albania, leading to referrals to the ECJ. On October 4, the ECJ determined that applicants could not be subjected to fast-track procedures leading to repatriation if their countries of origin were not considered entirely safe.
The Italian government had attempted to circumvent this obstacle by listing 19 countries, including Bangladesh and Egypt, as safe for repatriation. However, Italian judges questioned the criteria for determining safety and sought clarification from the ECJ on whether EU law should take precedence over Italian legislation in case of conflict.
In its ruling, the ECJ mentioned that a forthcoming EU regulation, allowing designations with exceptions for clearly identifiable categories of persons, will be applicable from June 12, 2026. However, the EU legislature has the option to advance this date.