The Italian-Albanian agreement for the offshore processing of illegal migrants has been kicked into the long grass until at least next summer after a Rome court struck down an executive order from the Italian government and referred the case to the European Court of Justice.
Judges in the Italian capital on Monday ordered the return of seven migrants detained at a processing center in Albania and questioned the extent to which the Italian government had the power to declare certain countries of origin as “safe” territories for repatriation.
Several migrants originating from Egypt and Bangladesh were intercepted by the Italian Navy and transferred to a migration center in Albania’s Shëngjin port under a recent protocol between Rome and Tirana. However, an initial decision by the Rome court ruled in favor of their immediate return to Italy, citing a recent European Court of Justice decision questioning the safety of the nations concerned.
Prime Minister Giorgia Meloni attempted to circumvent the judge’s ruling by signing an executive order declaring several countries of origin as “safe” and insisting that national governments had the power to determine which countries migrants could be returned to.
However, the Rome court has fought back, citing “dubious compatibility” with EU law regarding safe-country designations and migrant detention, and referring aspects of the case to the European court for clarification.
As a result, the government’s hopes of speeding up deportations via Albanian centers face a significant delay, with transfers potentially being held up until a decision in the summer.
While left-wing politicians and NGOs hailed the move, the ruling drew sharp criticism from Italian ministers and some high-profile voices further afield.
Deputy Prime Minister Matteo Salvini labeled the decision “a political sentence against Italians and their security.”
“Yet another decision by the judges that prevents illegal immigrants from being removed from Italian territory is not a slap in the face to the government, but rather a choice that endangers the safety and wallets of Italians,” he wrote on X.
Minister of Foreign Affairs Antonio Tajani argued that magistrates overstepping into government decisions “puts democracy at risk.”
“These judges need to go,” wrote billionaire Elon Musk on X.
Meanwhile, Forza Italia Senator Maurizio Gasparri has demanded an inspection into judicial processes, alleging political motivations behind the judiciary’s actions.
Silvia Albano, a judge involved in the case and previously threatened over her stance on migration, has publicly condemned political figures, including Prime Minister Giorgia Meloni, for creating a “campaign” against her and her colleagues.
