EU Court Ruling Disrupts Italy's Asylum Processing Strategy in Albania

Wed Oct 15 2025 12:34:40 GMT+0300 (Eastern European Summer Time)

Italy's efforts to offshore asylum processing to Albania encounter legal setbacks as the EU's highest court challenges the definition of "safe countries."

The European Court of Justice's ruling indicates that Italy's framework for handling asylum applications in Albania does not comply with EU law, signaling significant implications for Italy's immigration policies and raising broader concerns about human rights standards in offshore migration procedures.

A recent ruling by the European Court of Justice (ECJ) has brought Italy's plans for a rapid offshore asylum processing system in Albania to a standstill, as it challenges the Italian government's definition of "safe countries." This concept is pivotal to the agreement signed by Prime Minister Giorgia Meloni in 2023, which aimed to expedite the processing of migrants intercepted at sea by transferring them directly to Albania. Under this arrangement, migrants from designated "safe countries" facing rejection were expected to be deported within a week.

However, the ECJ determined that a country may only be deemed "safe" based on the general security it offers its entire citizenry, meaning that Italy's current criteria, which includes countries like Egypt and Bangladesh while recognizing specific vulnerable groups needing protection, infringes upon EU law. In response, the Italian government expressed its frustration, contending that the decision undermines national sovereignty and the ability to protect borders effectively.

Legal experts and humanitarian organizations reacted strongly to the ECJ's decision, emphasizing the requirement for transparency in how safe countries are assessed. Katia Scannavini of ActionAid Italy articulated that the ruling dismantles the legal basis of the so-called Albania model. The precedent is being closely monitored by other nations grappling with similar migration challenges, including the UK, which is pursuing its offshore asylum solutions.

Despite its aim to streamline immigration processes, Italy's Albania initiative is encountering numerous legal hurdles, with previous transfers of asylum seekers resulting in their return to Italy due to legal interventions. The significant investment in centers that remain unused highlights operational shortcomings alongside legal complexities.

The ECJ's ruling does not outright reject the idea of expedited procedures for migrants, but imposes essential revisions to align with EU standards. Amnesty International migration researcher Adriana Tidona commented that the ruling severely hinders Italy's Albania plans, emphasizing that the underpinning concept of safe countries could not justify an automatic detention system found to be unlawful.

The implications of this ruling extend beyond Italy's regional strategies, raising questions about the future of the EU's new migration pact and its classification of safe countries, including Egypt and Bangladesh. EU law professor Daniele Gallo highlights that the responsibility for determining safe countries now lies with judicial rather than political authorities, requiring Italian courts to prioritize EU legislation over local laws.