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Shkruar nga Pamfleti
The successful implementation of the Protocol will be a major milestone not only for Italy, but for all EU member states, who collectively asked the Commission for the opportunity to emulate the Italian example last year, perhaps even at EU level in the future.
Following legal obstacles, the Italian Government has revised the Italy-Albania Protocol, enabling the transfer of migrants with valid or extended detention orders for repatriation from Italy to Albania.
The Italian Council of Ministers amended the Italy-Albania Protocol on March 28, allowing the transfer of migrants with valid or extended detention orders - already in Italy - to the Albanian center of Gjadri.
Initially, according to the Italy-Albania protocol signed in 2023, the Albanian centers funded by Italy aimed to process and return under a "fast-track" procedure adult male migrants from "safe countries" rescued at sea.
Since their inception last October, the centers have remained empty as Italian courts have repeatedly lifted detention orders, challenging the designation of some places as "safe" and referring cases to the European Court of Justice.
Now, the government has decided to restart the protocol, turning the Gjadri facility into a full-fledged "repatriation detention center", to circumvent legal challenges.
Under Italian law, repatriation detention centers known as "CPR" hold irregular migrants awaiting identification and deportation, with stays lasting up to 18 months.
Italian Interior Minister Matteo Piantedosi assured that the Gjadri center will be reactivated quickly, but "it will not lose its functions and will not be radically changed."
Currently, Albania has two facilities. Shëngjin for screening and Gjadri, where migrants await asylum decisions and are returned. Gjadri, which also housed a prison section, already had a 144-bed repatriation detention unit, along with an 880-bed detention unit.
According to Piantedos, the Gjadri center will be "another CPR, outside the national territory."
To minimize concerns, he noted that migrants in Italian repatriation centers have already been moved between facilities that are sometimes further away than a transfer to Albania, insisting that Gjadri would act as if they were on Italian soil.
The government is reportedly preparing to issue electronic bracelets to every illegal immigrant arriving in Italy, which would allow police to monitor their whereabouts and easily locate them in the event their asylum request is rejected.
Legal experts warned that the new measure raises serious new legal concerns, particularly regarding the transfer of Albania's sovereignty to Italy. The movement of migrants to a third country could violate international agreements and create significant legal challenges.
Critics on the left still argue that the transfer of migrants to offshore centres could be challenged under international law and that Italy's rapid deportation procedure makes no sense as EU law prohibits the deportation of migrants to third countries other than their countries of origin unless they have a personal connection to the country and are willing to go voluntarily.
Under current EU Return rules, member states can only transfer irregular migrants to third countries if they voluntarily agree to this movement.
Piantedosi confirmed that the European Commission has given the green light for the re-operation of the Albanian facility. "The review with the European Commission has concluded positively, allowing us to proceed," he said during a press conference.
The decision follows a new EU Commission proposal on returns that was made public in early March. The new law allows member states to explore the concept of so-called “return centres” outside the EU bloc.
The Italian government's move comes as Italy awaits the European Court of Justice's ruling on its safe haven policy for third countries, expected in May.
The non-binding opinion of the ECJ Advocate General - which outlines the proposed solution and reasoning - is expected on April 9, according to a spokesperson for the EU's highest court.
Piantedosi said Rome is backing a favorable ruling by the EU court, which is expected at the end of May. If the ruling supports Italy's position, both facilities will largely return to their original intended functions.
The decision in the ECJ case on Italy's own list of 'safe third countries' is expected within weeks, but since it is supported by the EU Commission, Rome is confident it will reach a favorable decision and settle this conflict as a priority between political leaders and the judiciary.
The successful implementation of the Protocol will be a major milestone not only for Italy, but for all EU member states, who collectively asked the Commission for the opportunity to emulate the Italian example last year, perhaps even at EU level in the future.
“The agreement, ultimately, is a model that is setting a precedent in Europe with member states endorsing the Italian position, starting with EU President Ursula von der Leyen and her clear stance on the eve of the last European Council,” Italian Undersecretary Augusta Montaruli explained earlier. She added that “we as a government will not give up on illegal immigration and will continue on the path we have started… The madness is over.” / Adapt Pamphlet/
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