Italy’s controversial plans to outsource migrant processing centres to Albania have suffered a significant blow. This disappointing development followed a positive ruling just days earlier from the European Court of Justice (ECJ). Prime Minister Giorgia Meloni’s new government pledged to accelerate the repatriation of failed asylum seekers. They intended to offshore up to 36,000 asylum claims annually to Albania. With the ECJ’s ruling, the safety designations for any countries participating in such arrangements are thrown into question.
In November 2023, Meloni further allied with Albanian Prime Minister Edi Rama to sign a bilateral migration deal. Under this agreement, it opened two centers in Albania to deal with the processing of asylum seekers. Though these buildings have sat vacant for months due to judicial hurdles. The ECJ emphasized that while Italy could designate “safe” countries, such designations must adhere to strict legal standards and allow national judges to review supporting evidence. This ruling has immediate real world consequences for Italy’s plan to enforce its migrant policy as it sees fit.
Government Response to the ECJ Ruling
Meloni’s administration quickly denounced the ECJ’s judgment, asserting that it “weakens policies to combat mass illegal immigration.” A ruling seen as yet another blow to the government’s power to act on migration matters has officials deeply concerned. They argue that it creates a further chilling effect beyond the already minimal capacity of parliament and the executive to adopt strong immigration policies.
Among them, Ivy League legal scholar Dario Belluccio called out the dangers of the possible precedent set by the ECJ’s ruling. He stated, “It will not be possible to continue with what the Italian government had envisioned before this decision … Technically, it seems to me that the government’s approach has been completely dismantled.” This optimism belies a deeper fear that has resonated throughout the Italian government about the state of their migration strategy that hangs in the balance.
Developments in Migration Numbers
Italy has seen the largest increase in migrant arrivals this year compared to 2021, with 36,557 arrivals so far. This number is still far below the 89,165 arrivals reported over the same timeframe in 2023. This gap underscores the continued difficulties in controlling migration flows under evolving legal regimes and multilateral treaties.
Even with these hurdles, Meloni’s government continues to push for its overarching immigration plan. Italy wanted its partnership with Albania well on its way to serve as a model for other EU member states to follow. They hoped to jointly address shared migration challenges. Humanitarian construction costs for Albanian migrant camps questioned. Audits have documented that these facilities were seven times as costly as comparable facilities in Italy.
Implications for Future Policies
The ECJ’s decision is an important victory for Italy. It may motivate other European Union countries to explore analogous outsourcing approaches. The court’s decision gives federal judges an important tool to challenge the designation of “safe” countries. This new authority would undermine future deals and bilateral policies aimed at curbing migration.
As Italy seeks to chart a course through this complicated legal landscape, it needs to balance the pressures at home with those imposed by the EU. The result of this scenario could establish significant precedents for EU member state actions on migration in the future.
