ECJ Rules Italy's Offshore Asylum Plan Violates EU Law
The European Court of Justice (ECJ) has ruled that Italy's offshoring plan to process asylum seekers in Albania violates EU law. The decision has significant implications for Italy's immigration policies and future attempts by EU member states to externalise asylum procedures.
The ECJ argued that Italy's offshore processing plans fail to ensure the protection of migrants, citing violations of the right to life and prohibition of inhuman or degrading treatment. This is due to inadequate search and rescue operations and lack of access to asylum procedures. Despite this, irregular sea migration to Italy has shown a decline since 2023.
The ECJ ruling has deemed the Albanian centres unviable, complicating future attempts by EU member states to externalise asylum procedures. Italy retains the right to determine its own list of safe countries, but designations must be subject to evidence-based assessment and meaningful judicial review. However, Italy's classification of certain countries as 'safe' has been found flawed, with insufficient transparency or access to evidence supporting these classifications.
The ECJ ruling places renewed legal pressure on Italian Prime Minister Giorgia Meloni's immigration agenda. The cost of building the centres in Albania was seven times higher than comparable infrastructure in Italy, with the facilities reportedly empty for several months. This decision highlights the need for EU member states to adhere to EU law and ensure the protection of migrants in their asylum policies.
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