The practice in European jurisprudence is that the opinions of the highest advisor are almost always adopted. In that case, the new migration pact could be implemented as early as later this year. The stricter approach is controversial because it attempts to keep asylum seekers outside European territory during the processing of their applications.
An important advisor to the court states that EU countries may establish detention and reception centers in countries outside the EU. The condition is that the rights of migrants are fully respected. These are basic rights such as access to legal assistance, support in their own language, and protection of vulnerable groups such as minors.
Children Included
Moreover, rejected applicants can soon be transferred from EU countries to such camps, even if small children are involved. Italian Prime Minister Meloni already put several such camps into use last year in Albania but was forced to halt this by Italian courts.
Promotion
Within the European Union, the EU governments are more or less aligned on this, and there is also a majority support in the European Parliament. In the coming months, negotiators from the EU governments and the Parliament still need to reach a joint position. Ultimately, it is up to each EU country whether they will transfer rejected asylum seekers to such camps.
The plans have been under criticism for some time. Critics warn that housing migrants outside the EU could lead to restrictions on their rights. Human rights organizations speak of risks to fair procedures and access to protection. At the same time, proponents stress that the approach is necessary to better manage migration flows.
Return
The centers in Albania were originally intended for housing asylum seekers from countries considered safe and who would not gain access to the EU. Meanwhile, Italy now also wants to use them for asylum seekers whose applications have been rejected. This shifts the focus increasingly toward return and deportation.
The discussion is not limited to Italy alone. Within the European Union, work is underway on new rules that should make it possible to establish so-called return centers outside the EU. Several EU countries support this course and want to finalize the new migration pact this year.
Each Country Decides
Yet the outcome remains uncertain. Ultimately, it is up to the EU countries themselves to decide whether they will deport rejected asylum seekers, if necessary forcibly, and house them in 'reception centers' in Albania or North Africa. This seems to bring a new chapter in European migration policy closer, but the debate about the consequences is far from over.