Italian authorities have repatriated 43 asylum seekers from offshore processing centers in Albania, in compliance with a decision by the Court of Appeal of Rome. This move is the latest episode in an ongoing legal saga surrounding Italy’s practices of overseas processing of asylum claims, a strategy largely managed under the auspices of the Italy-Albania Migration Protocol.
The Court of Appeal has temporarily halted the detention and processing of these individuals, pending an important determination from the European Court of Justice (ECJ) slated for February 25. As part of a preliminary ruling reference, the ECJ must address the significant legal question of whether a state can be considered “safe” for asylum seekers when “the conditions for its designation are not met for certain categories of individuals.”
This marks the third suspension of expulsions from Italy to Albania, reflecting persistent judicial skepticism regarding the “safe third country” designation. The first intervention occurred in October 2024 when an Italian court refused to legitimate the detention of 12 migrants, citing safety concerns about transfers to certain countries deemed unsafe, including Egypt and Bangladesh (source). Subsequent cases, such as one involving seven migrants, also witnessed judicial intervention resulting in referrals to the ECJ (details).
In an attempt to navigate these legal complications, the Italian government had previously implemented the Flow Degree, entrusting the Court of Appeal with the authority to decide on the legality of such detentions. However, the recent decision by the Court of Appeal to block the expulsion proceedings again signals challenges for the government’s legal infrastructure and its partnership with Albania.
The repatriation highlights significant legal and humanitarian considerations at play, as the ECJ’s forthcoming ruling may set a precedent within the broader European migration context. The evolving situation underscores the need for legal practitioners and policymakers to closely monitor developments leading up to the ECJ’s verdict.