The immigration section of the Rome Court has ruled against the detention of migrants at the Italian repatriation center in Gjader, Albania, which was established under the Italy-Albania migration management agreement.
Presented as an “innovative solution” to migration challenges during the European Council summit by Italian Prime Minister Giorgia Meloni on Thursday (October 17), the agreement was rejected by Italian judges, who ordered that the twelve migrants sent to Albania must return to Italy.
On Wednesday (October 16), the first Italian naval ship carrying a group of 16 migrants arrived at the processing centre set up in Gjader.
Four of the 16 migrants have already been sent back to Italy, as two were minors and two others were returned due to health issues.
“It was a verdict that wasn’t necessarily predictable, but rather one of two possible outcomes,” Matteo Villa, Research Fellow for the Migration Programme at the Italian Institute for International Political Studies (ISPI) told Euractiv. “Given the precedents set in Palermo and Catania, which rejected detention confirmations 90% of the time, it was likely that this could happen as well.”
The Italy-Albania model was also referenced in a letter sent to member states by the Commission on Monday (October 14) stating that the EU “will also be able to draw practical lessons from this experience.”
Even before the program’s launch, legal concerns had already surfaced following the European Court of Justice ruling on 4 October.
The Italian court’s refusal to validate the agreement echoes a key criticism by the European court, namely the definition of “safe countries,” as explained by the president of the Italian court section, Luciana Sangiovanni, in a press statement.
“The refusal to approve the detention of individuals in Albanian facilities or areas designated as equivalent to Italian border or transit zones stems from the inability to classify the countries of origin of these individuals as ‘safe’” the statement reads. “I don’t see any guarantee of human rights in Albania,” Italian MEP Leoluca Orlando (Greens) told Euractiv. “These migrants, as soon as they leave these centers, are essentially without any rights and, therefore, without any form of protection.” “Propaganda does not solve problems, it worsens them. PM Giorgia Meloni should apologise to all Italians for the significant waste of public money,” said Italian Gaetano Pedullà (M5S/The Left) in reaction to the judgement.
“It was an agreement doomed to fail and is now increasingly in doubt,” Villa added.
[Edited by Owen Morgan]
Source: euractiv.com
