Since 2024 the Italian government chaired by Giorgia Melonitogether with the Albanian government chaired by Rama Ediis working on a plan for the transfer of asylum seekers fromItaly in special reception centers in Albaniawith a bill to transform them into Permanent centers of repatriation (CPR) with accelerated procedures and possible expulsion and repatriation measure. There have been numerous controversies and the protests lifted, aside not only of political oppositions in Italy, but also by numerous jurists and magistratesincluding those of the Court of Rome, who have resorted to the Court of Justice of the European Union.
What does the Italia-Albania protocol includes on the repatriation centers
In November 2023the Italian and Albanian government have signed an agreement, the Italy-Albania protocolwhich provides that people Migrants and asylum seekers rescued by the Italian authorities in Mediterranean Sea they are not accepted in a safe harbor in Italy, but transferred to Albania in special reception structures. The agreement, lasting five years with automatic renewal, provides for the construction of structures for the “Albaniaborder or repatriation procedures “ of migrants who should host, according to estimates, approximately 36 thousand people per year.
These structures should be managed by Italian personnel, respecting European and Italian laws in migratory matters. THE costs For the maintenance and management of the structures are borne by theItalyincluding the staff used for the surveillance and safety of the centers and for the transfer of migrants. With this protocol, Albania recognizes Italy the right to use – according to the established criteria – of certain areas, granted free of charge for the duration of the agreement.
The situation of the centers for migrants in Albania is currently characterized by uncertainties and changes in Italian government policies: after the start of transfer of migrants saved in the Mediterranean Sea towards the Albanian centers on October 15, 2024the Italian government has faced numerous Legal obstacles. In particular, the Court of Appeal of Rome has decided not to validate the detention of 43 migrants in Albanian structures, ordering theirs return in Italy.
How many are and where the centers for migrants are
The centers that should accommodate migrants arriving from Italy are a Shengjin, about an hour from the capital Tirana, where there is a structure intended for landing and identification of migrants. The second center is located a Gjaderinland, and is made up of three structures: a first reception center with 880 seatsa center of permanence and repatriation (CPR) with 144 seats and a penitentiary with 20 seats. In any case, so far all the migrants transferred to the centers are Returned to Italy after 48 hours Since the Italian judges have rejected or suspended the detention: The centers in Albania At the moment they are empty and the contracts of the staff employed in the structures have been canceled.
What is the current procedure according to the Italy-Albania protocol
According to the current Italia-Albania protocol, after the missions of rescue and rescue, Migrant people are visited and examined on the ships of the Italian Navyand among these only male citizens of age, coming from the list of so -called “Safe third countries”if deemed not vulnerable, come transferred in the centers in Albania. Here, after being identified, they are retained pending examination of theirs asylum application: the node of the story lies at this point since the detention provision It should be validated by the Court of Rome within 48 hours. But the judges recognize at this point an illegitimate, since these people would be forcibly retained and one would be carried out “accelerated border procedure”not respecting the right of asylum, and basing the judgment on too fast and therefore possibly incorrect assessments.
In fact, according to the paragraph 3 of the Italy-Albania protocol in migratory matters “The areas granted in use to Italy by Albania are equated to border or transit areas; In these areas, in the presence of certain conditions, the accelerated procedure for examining international protection requests applies “.
The Italy-Albania protocol in front of the EU Court of Justice
According to the Italy-Albania protocol, the people transferred to the centers in Albania are those who come from the so-called “Safe” countries. Just the Court of Rome resorted to the EU Court of Justice regarding the legitimacy of the stops according to the criterion of “Safe Country”: they were considered safe by the Italian government countries such as Egypt and Bangladeshwhich for some communities, such as the LGBTQ+do not respect civil rights and freedoms, and therefore they cannot be considered safe For everyone. The hearing to the Court of Justice of the EU The February 25th and will be carried out with an accelerated procedure, with judgment that will come issued by 10 April 2025.
The knots of the Italy-Albania protocol
In addition to the concept of a safe country, the transfer and the possible repatriation procedure of migrants has been discussed which, according to some magistrates, must take place in European territory, while the centers in Albania do not fall within the territory of the European Union. THE’Albaniain fact, although it has requested adhesion to the EU in 2009 and is a candidate country since 2014, It is not currently a member country. Migrant people and asylum seekers who are transferred to the repatriation centers also risk not receiving theadequate medical, psychological and legal assistance they need, with a higher probability of rejection of the asylum request. Numerous organizations for the Defense of human rightsincluding the “EU Agency for Fundamental Rights”, they see a provision a“collective” expulsion, Therefore illegal according to European legislation. In our country, moreover, political oppositions criticize these procedures, claiming that they could violate human rights and asylum right and express concern for the possibility that migrants are held in inadequate conditions or repatriated to Countries where their life could be at risk, not respecting the principle of non -rejection (Non-Refoulement).
