Italy’s Migration Deal Faces Legal Challenges
The Italian government recently enacted a decree allowing it to modify the list of safe countries from which migrants arrive, aiming to eliminate legal barriers to its contentious, multi-million-euro migration agreement with Albania. This move comes in response to a ruling by a court in Rome that questioned the legality of deporting certain migrants to Albania.
Over the weekend, Italy was compelled to return 12 migrants who had been previously relocated to the country’s newly established migrant-processing centers in Albania. The court ruled that the migrants’ home countries—Bangladesh and Egypt—were deemed “unsafe.” According to the court, even a minor risk of discrimination or persecution in any part of a country could render deportation to Albania illegal. This decision significantly undermines the migration deal that had attracted interest from other European nations. Judges highlighted that these individuals faced a credible risk of violence if sent back to their home countries, making their deportation unlawful.
In light of the court’s decision, Italian Prime Minister Giorgia Meloni convened her cabinet on Monday to seek a legislative remedy. Meloni and her political party contended that it should be the government, not the judiciary, that determines which countries are classified as safe.
Following the cabinet meeting, the Italian Ministry of Foreign Affairs, the Ministry of the Interior, and the Ministry of Justice collaborated over the weekend to draft new legislation. Reports suggest that this legislation would allow for updates to the list of safe countries every six months.
Increased Government Powers
The court’s ruling reinforced a prior decision made by the European Court of Justice on October 4. Advocates from Meloni’s far-right Brothers of Italy party argue that government decisions should supersede judicial ones. Minister of Justice Carlo Nordio stated, “The definition of a safe country cannot be left to the judiciary; this is a political decision, albeit within the framework of international law.”
This ongoing conflict between the hardline government and the legal profession in Italy has intensified. Meloni criticized the court’s decision to return the migrants as “biased,” while her party colleagues accused the judiciary of being filled with “politicized magistrates” who allegedly aim to “abolish Italy’s borders.” Meloni asserted, “We will not allow it.”
The agreement between Tirana and Rome established offshore migrant processing centers in Shengjin, a coastal town near Albania’s capital. Under a five-year arrangement signed last November by Meloni and her Albanian counterpart, Edi Rama, up to 3,000 migrants apprehended by the Italian coast guard in international waters each month would be sheltered in Albania. This deal has garnered interest from several other countries, including Austria, Denmark, the Netherlands, and Germany, despite Albania’s insistence that it is exclusive to Italy.
Related
- First asylum seekers arrive at Albanian port from Italy
- The Italy-Albania migration deal is costly, cruel, and counterproductive
- Barnier says Albania migrant processing deal can’t be ‘transposed’ to France
European Commission President Ursula von der Leyen recently suggested potential backing for the scheme, advocating that EU member states devise “innovative solutions” to address migration challenges—an expression frequently associated with this controversial deal. However, the reaction has not been universally positive. Following the Rome court’s ruling on Friday, opposition parties in Italy, including the Democratic Party, the Five Star Movement, and the League of Greens and Leftists, argued that the ruling highlighted the scheme’s illegality and called for its cancellation.