Third time isn't the charm for the plans of Albania and Italy
08 February 2025
Italy's third attempt to transfer 49 migrants to Albanian centers was blocked by courts. Six asylum seekers were immediately returned to Italy because they were considered as minors or vulnerable, while 43 others were sent back due to safety concerns in their home countries. The case is now with the European Court of Justice, which will make a decision on 25 February.
Most likely, these migrants arrived via irregular means, possibly through the Mediterranean route. Under EU law, individuals have the right to apply for asylum regardless of how they enter. The problem for Italy is that many of these applicants may have low recognition rates and could be considered economic migrants rather than refugees.
However, deporting them is legally challenging due to the principle of non-refoulement – Italy cannot return them to countries where they may face persecution or inhumane treatment.
 | Ariadna Mañé Italy's attempt to externalize asylum processing continues to face legal roadblocks, exposing its fragility. Its prime minister, Giorgia Meloni, may expand the 'safe countries' list, but EU law keeps overruling Italy, raising doubts about the plan's viability. Italy's plan to send migrants to Albania faces legal challenges as EU law mandates asylum claims be processed within the EU. Similar externalisation efforts, like the UK-Rwanda plan and the EU-Turkey deal, have faced legal and practical hurdles. If the European Court of Justice rules against Italy on 25 February, the plan may collapse, forcing Italy to find alternative solutions, possibly through EU intervention or policy reforms. Klara Vlahcevic Lisinski contributed to this article. |
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