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Shkruar nga Pamfleti
In recent weeks, to counter the legal obstacles of the Albanian protocol, the Italian government has discussed the possibility of converting Albanian facilities into repatriation centers.
The European Commission supported Italy's position in the case of the Italy-Albania Migration Agreement, arguing that EU law allows states to designate countries as "safe" even if only for certain well-defined groups of migrants.
The European Court of Justice (ECJ) has begun examining the legality of Italy's agreement with Albania to transfer migrants rescued in the Mediterranean to processing centers in Shëngjin and Gjadra.
The case focuses on the interpretation of the "safe third country" principle, which Italy has used to justify transfers in an accelerated asylum process.
A Rome court had previously questioned the legitimacy of this approach, prompting a referral to the ECJ. The Italian court had asked the EU court to rule on four key issues, including whether national law can label a country as “safe” and whether a country can still be considered “safe” despite threats to certain groups.
During the hearing, the European Commission supported Italy's position. Its legal representative, Flavia Tomat, argued that EU law allows member states to designate countries of origin as 'safe' and that a country does not have to be completely safe, but only safe for certain categories of migrants, as long as those groups are clearly defined.
In October, the ECJ ruled that the designation of a third country as a "safe country of origin" for asylum purposes must apply to the entire territory of that country and not to specific regions.
In recent weeks, to counter the legal obstacles of the Albanian protocol, the Italian government has discussed the possibility of converting Albanian facilities into repatriation centers.
Despite opening on October 11 last year, the centers in Albania remain empty. This month, over 100 employees from the NGO MediHospes, the organization that runs the centers, were laid off "until further notice."
The facilities could be converted into detention facilities for irregular migrants already in Italy, including those in hotspots and reception centres awaiting deportation. So far, no conclusions or legislative proposals have been presented to move in this direction.
The Advocate General of the EU's highest court will deliver an opinion on April 10. Although not binding, the Advocate General's conclusions often guide the court by suggesting a legal solution to the case.
The final decision of the European Court is expected in May or June. / Adapted Pamphlet from EurActiv /
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