Brussels – The Albania experiment of the Meloni government continues to fail. The Court of Rome has announced that the transfer proceedings of seven more migrants have been suspended, and the ball has been passed to the Court of Justice of the EU (CJEU).
Not even a month ago, the Meloni government received the first stop from the Court of Rome, with the suspension of the transfer of twelve migrants to Albania. Today (Nov. 11), the court’s decision was the same. There is no validation of the detentions within the 48 hours required by law, and since they cannot remain in the repatriation centre in Gjader, the migrants will be returned to Italy in the coming hours.
The seven shipwrecked people had been transported on the ship Libra to Albania. There were originally eight, one of whom was sent back to Italy because of his “vulnerable” conditions. The other seven, however, were forced to endure a one-way trip followed by an express return, given the (alleged) incompatibility of the Italian law decree with EU regulations.
The note of President of the Chamber Luciana Sangiovanni states, “The preliminary referral was chosen as the most appropriate tool to clarify various profiles of doubtful compatibility with the supranational discipline. In fact, it allows the EU Court of Justice to be asked to resolve the issue by giving its own interpretation. And the CJEU’s position leaves no escape, as national courts must comply.
The crucial point is the definition of “safe country,” on which Roman jurisprudence has asked the EU for clarification. The European legal reference is a CGUE ruling of Oct. 4, 2024, which speaks of “safe countries” as those states that are so in toto and for each of their persons and, consequently, are adequate to receive repatriations.
Sangiovanni points out the divergence of interpretation of EU law between the Meloni government’s decree law and Italian jurisprudence. EU law prevailing, Sangiovanni says, “The judge has the duty to always and concretely verify (its, ed.) correct application.” In other words, if the decree is contrary to EU rules, it is not applicable, and therefore, once again, Italy finds itself having to ask the EU for confirmation on what to do.
The fact is that the European Commission likes “the Albania model” very much. Creating “external hotspots” as alternative methods to counter illegal migration is no longer an idea of a few but has become established in European political discourse. Even von der Leyen declared with great openness: “As the operations of the Italy-Albania protocol begin, we will also be able to learn from this practical experience.”
The problem is that the practical experience does not work and clearly clashes with EU law regarding return security. In the conclusions of the October European Council, EU leaders had taken advantage with the recognition to national governments of the ability to act autonomously, ostensibly to support the Union in handling the claims of asylum seekers who do not qualify. This certainly brought a smile to the face of Meloni’s executive, who had secured more room for manoeuvre.
Even in the EU Parliament, the waters are rough. The far-right opening of the European People’s Party (EPP) should not be underestimated. During the 2025 budget votes, the EPP had shaken hands with the motions of far-right parties regarding countering illegal migration. As chance would have it, the EPP was so fond of one of the proposals regarding the development of repatriation hubs outside the Union, at the proposal of the far-right group Patriots for Europe.
If even the largest group in the EU Parliament is winking at proposals that appear to be borderline legal, it is clear that European politics is veering increasingly to the right, and, again, this can only strengthen the Italian government.
Italian Vice-Premier Matteo Salvini, as usual, slams the ruling writing on X:
Another political ruling not against the government, but against Italians and their security.
Government and Parliament have the right to react to protect citizens, and they will. That is, if some other magistrate, in the meantime, does not sentence me to six years in jail for defending the borders….
@#matteosalvinimi – 6:15 PM – 11 Nov 2024
But the Court’s ruling, rather than political, seems prudent. Especially on a decree that already on two occasions (and even in the following ones probably) has not been shown to be applicable to concrete cases where Italy would like to move migrants without subsistence on the basis of the law.
English version by the Translation Service of Withub
