Concerns Raised Over Italy's Albania Asylum Centers

Italy's controversial asylum centers in Albania, a flagship initiative by Prime Minister Giorgia Meloni, may face significant challenges following a recent opinion from the Advocate General at the European Court of Justice (ECJ). The legal assessment raises serious questions about the feasibility of operating these centers as currently proposed.

Richard de la Tour, the Advocate General, stated that while EU member states can designate safe countries for their asylum processes, they are required to disclose the sources of their evaluations. This transparency is crucial for judicial review. Although the Advocate General's opinion is not binding, the ECJ often aligns with such views, making the upcoming court decision anticipated in May or June critical for Italy's plans.

Italy aims to be the first EU nation to implement a model that processes certain asylum applications outside its borders, specifically in Albania. This model targets male migrants intercepted in the Mediterranean, with applications being assessed in specially constructed facilities in Albania. Those determined eligible for asylum would be allowed to enter Italy, while unsuccessful applicants would be repatriated.

Despite these ambitions, progress has stalled, with the Italian judiciary blocking the project multiple times, resulting in vacant asylum centers. Recently, Meloni indicated that the centers might also serve as detention facilities for rejected asylum seekers. As part of this strategy, Italy plans to transfer 40 individuals who have been denied asylum to Albania.

In an effort to expedite deportations, the Italian government has compiled a list of safe third countries. However, the legality and authority behind this list are central issues in the ongoing proceedings at the ECJ. A court in Rome referred the matter to the ECJ, citing concerns that Italian law fails to adequately explain the basis for categorizing certain countries as safe.

The ruling from the ECJ is highly anticipated, not just in Rome but across Europe. If the court validates Italy's model, it could set a precedent for similar initiatives elsewhere on the continent. Migrations Commissioner Magnus Brunner has also put forth proposals for centers in non-EU countries, although these plans are focused solely on detention facilities, differing from Italy's broader asylum approach.