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Advocate General of the Court of Justice of the EU, Nicholas Emiliou: EU law does not prohibit the establishment of detention centres for repatriation outside the territory of a Member State
The Italy-Albania Protocol is in line with European Union legislation on return and asylum procedures, provided that the rights of migrants are fully guaranteed, states the Advocate General of the Court of Justice of the EU, Nicholas Emilou.
The Italy-Albania Protocol, signed on 6 November 2023, authorises Italy to establish and manage detention and repatriation centres on Albanian territory, which remain under Italian jurisdiction, in order to manage migratory flows. In this context, two migrants who were previously detained in Italy on the basis of deportation orders were transferred to a centre in Albania.
While there, they applied for international protection. Two new detention orders were subsequently issued against them, which were sent to the Rome Court of Appeal for approval. The Court of Appeal refused to approve them, considering that the national legislation in question was contrary to EU law.
The Italian authorities appealed to the Supreme Court of Cassation, which referred two preliminary questions to the Court of Justice of the EU. Specifically, the court sought clarification as to whether EU law on the repatriation of illegally staying third-country nationals and on international protection procedures permits the detention in Albania of persons seeking international protection, and whether it is permissible to detain them in a third country instead of the Member State responsible for examining their applications.
In his opinion, Nicholas Emiliou considers that, in principle, the Court should consider the Protocol and the relevant Italian legislation as compatible with European Union law, provided that the individual rights and guarantees that the Common European Asylum System grants to migrants are fully respected.
First, the Advocate General points out that EU law does not prevent a Member State from setting up a detention centre for return outside its territory. However, that State remains obliged to respect all the guarantees provided for by the EU for migrants, including the right to legal assistance, linguistic support and contact with family members and the competent authorities. In particular, minors and other persons in a vulnerable situation must benefit from all the protections provided for by the asylum system, including access to healthcare and education.
Secondly, its conclusions stress that the rule allowing applicants for international protection to remain in a Member State while their applications are being examined does not give them the right to return to the territory of that State. However, Member States must take organisational and logistical measures to ensure that migrants benefit from the rights and protections provided for by EU law. This includes the right to access to a court and to a speedy judicial review, in order to avoid unlawful detention.
"It is important news, which confirms the validity of the path we have followed and how much two years lost due to forced and unfounded judicial interpretations have cost Italy. In the meantime, we move forward. Because in the fight against illegal immigration, seriousness, courage and concrete solutions are needed," said Italian Prime Minister Giorgia Meloni.
Ore trima, mos e keni genjyer boten me madhesine e hartes se Shqiperise qe duket e vogel por tani na doli shume e madhe sa mban refugjate nga tere bota.