The ruling represents a significant setback for the Italian government and its plans to accommodate asylum seekers in Albania.
Last year, Italy wanted to temporarily house rejected asylum seekers in reception camps on Albanian territory while their procedures were handled in Italy. According to the European Court of Justice, this approach violates European rules. The Court emphasizes that only European institutions can determine which third countries are considered safe.
The Court’s ruling is a direct result of criticism of the Italian plan to process migrants with a temporary stay in Albania. Italy presented that agreement as an innovative way to relieve pressure on its own reception system. However, the Court states that Italy may not unilaterally decide that Albania is a safe third country.
The ruling highlights the limitations for national governments wishing to handle migration outside the EU. Countries may only return migrants to nations that meet clear EU standards regarding safety, human rights, and reception facilities. Creating an independent list of so-called safe countries is therefore no longer allowed.
The discussion around the Italian plan takes place against the backdrop of ongoing arrivals of asylum seekers reaching European territory via the Mediterranean Sea. Italy, in particular, faces a large influx of people arriving on rickety boats operated by criminal human smugglers from North Africa.
At the same time, European asylum policy has been under fire for years. EU countries still do not agree on a common policy, partly due to disagreement over the distribution of asylum seekers. Some countries systematically refuse to accept migrants or contribute to relocation between EU countries.
The ruling of the European Court increases pressure on European institutions to formulate clear and joint rules. National solutions, such as the deal between Italy and Albania, are restricted by the Court. This prevents countries from evading shared responsibilities.
Nevertheless, disagreements within the EU remain significant. Public debate is increasingly tense between countries demanding more solidarity and those insisting on their national borders. Attempts to reach an EU-wide migration pact are slow and frequently blocked by individual governments.