Plans by European countries aiming to follow the Italian practice of sending some asylum seekers to overseas centers have suffered a serious setback after a ruling by the European Court of Justice (ECJ). This ruling concerns those who were rescued at sea and sent to centers in Albania.
On Friday, the court ruled that Italy may continue to use its centers in the Albanian cities of Shengjin and Gjader, but with important conditions. It is necessary to carefully verify exactly who is sent to these centers to avoid returning asylum seekers to dangerous conditions in their home countries.
The court noted that a country of origin can be considered a “safe” place only after an “effective judicial review” has been conducted, and that safety must be guaranteed for everyone, including vulnerable groups.
This decision is likely to impact the new EU asylum rules coming into effect next June. They allow member states to create their own lists of “safe” countries, which will simplify the asylum process.
The EU list, which will serve as a guideline, includes countries such as Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, and Tunisia. However, human rights advocates warn that these countries are not safe for all their residents.
“The proposed EU list of ‘safe countries of origin’ recognizes certain countries from which 20% or fewer applicants receive international protection in the EU as safe,” Amnesty International stated in a July release. “However, the fact that up to 20% of those applying for international protection from these countries are recognized as refugees indicates that these places are not truly safe for everyone,” the organization added.
The ECJ ruling, which concerned two asylum seekers from Bangladesh detained in Albania, came amid growing interest among European countries in developing their own deportation schemes similar to the Italian-Albanian partnership.
Although this partnership is seen as a potential success, a recent study by the University of Bari revealed that the Italian scheme has already cost the country over 74.2 million euros (approximately 86 million dollars).
The study called this scheme “the most expensive, inhumane, and futile instrument in the history of Italian migration policy.”
European Commission President Ursula von der Leyen and then-European Council President Charles Michel highly praised Italy’s 2023 agreement. In May 2024, the EU adopted a series of reforms aimed at optimizing the approach to migration management and asylum provision, especially for migrants from “safe” countries.
This agreement, described as “fair but firm,” includes reforms intended to ease the burden on countries hosting the largest numbers of asylum seekers among the 27 EU member states.
Whether the ECJ ruling will affect the further development of detention centers remains to be seen.
Italian Prime Minister Giorgia Meloni criticized the court’s decision, calling it shortsighted and stating that it “weakens the policy of combating mass illegal immigration and protecting national borders.”
“This is a development that should concern everyone – including the political forces that are currently celebrating this decision – because it further narrows the already limited ability of governments and parliaments to regulate and manage migration,” she said.
Meanwhile, the lives of people from countries deemed safe, such as Egypt and Bangladesh, remain at risk in Italian detention centers in Albania.