Italy's Unsettling Deal with Albania Raises Legal and Humanitarian Concerns
Meloni's far-right Fratelli d’Italia party is under increasing domestic pressure for failing to fulfil its electoral promise of curbing illegal migration. With over 145,000 arrivals in Italy since January, compared to 88,000 last year, concerns are mounting (Nadeau & Edwards, 2023). Therefore, Prime Minister Giorgia Meloni touted an agreement with non-EU nation Albania to handle migrant processing and containment as a significant breakthrough in addressing Europe's pressing challenges (Horowitz & Pianigiani, 2023). Meloni asserted that Albania, though not an EU member, is already behaving like one, expressing her belief that Albania is, for all intents and purposes, a European country. She basically voiced support for Albania's EU entry (Gozzi, 2023).
According to official documents, Albania will host a maximum of 3,000 migrants at any given time under the deal, allowing Italy to establish two migrant reception and detention camps. Meloni anticipates these centres, set to open next spring, will process up to 36,000 people annually. Migrants rescued at sea by the Italian coast guard would disembark in the port of Shëngjin, in northern Albania. They would first be hosted in a reception centre where they would be registered and where they could apply for asylum in Italy (Ricozzi, 2023). The plan specifically applies to migrants rescued at sea by Italian boats, excluding those arriving on Italian shores. This marks the first instance of a non-EU country accepting migrants on behalf of an EU nation, aligning with a broader EU effort to combat irregular immigration (Armellini, 2023).
The EU got “practically zero notice” of Giorgia Meloni’s deal to send thousands of migrants to Albania for asylum processing, so they asked for detailed information (Bayer, 2023). Foreign Minister Antonio Tajani defended the agreement as a “humanitarian solution” in compliance with EU regulations and international law (Redazione ANSA, 2023). However, critics argue that the deal involves refoulement, a condemned practice under international and European law. Refoulement, the act of sending individuals to a country where they face human rights violations, is illegal and violates the basic rights of asylum seekers and refugees. Non-refoulement, a fundamental principle of international refugee law, is binding on all states and enshrined in EU law, particularly in Article 78(1) TFEU and Article 18 and 19 in the EU’s Charter of Fundamental Rights (De Pieri, 2023).
Concerns persist as Italy asserts jurisdiction over the detained individuals, with critics contending that the deal may be used to circumvent national, international, and EU legal frameworks.
Update (16/11/2023): European Commissioner for Home Affairs, Ylva Johansson, clarified the EU's stance on the mentioned agreement. Based on a preliminary examination, the agreement doesn't seem to violate EU law because it operates "outside" of it. However, the Commission's evaluation deviates from the positive interpretation provided by the government. Moreover, many aspects of the agreement remain unclear, and the government hasn't explained its implementation plans. The main reason the Commission considers the agreement beyond its jurisdiction is that it appears to apply to all rescues conducted by Italian ships on the high seas, outside Italian and therefore European territorial waters. Essentially, the Commission asserts a lack of authority over migrant rescues outside its territory. However, the agreement seemed to extend beyond rescues outside Italian territorial waters. In fact, the Italian government had indicated that the agreement would only involve migrants rescued by Italian authorities, operating predominantly in Italian territorial waters. Johansson emphasized that, regardless, Italy would handle asylum requests, respecting European law as an EU member. Formally, the agreement remains outside European law, but Italian asylum laws align with EU regulations. Finally, Johansson confirmed the Italian government's statement on the fate of those denied asylum: they will either return to their home country when possible or go to Italy if not.
Bibliografia
Armellini, A. (2023, November 8). Italy's deal with Albania on migrant camps capped at 3,000 migrants. REUTERS: https://www.reuters.com/world/europe/albania-host-no-more-than-3000-migrants-under-deal-with-italy-2023-11-08/
Bayer, L. (2023, November 7). EU asks for more information on Meloni's move to send asylum seekers to Albania after 'pratically zero notice' of deal - as it happened. The Guardian: https://www.theguardian.com/world/live/2023/nov/07/europe-latest-news-migration-italy-albania-germany-eu-giorgia-meloni-olaf-scholz
De Pieri, E. (2023, November 7). Italy: Deal to detein refugees and migrants offshore in Albania 'illegal and unworkable'. Amnesty International: https://www.amnesty.org/en/latest/news/2023/11/italy-plan-to-offshore-refugees-and-migrants-in-albania-illegal-and-unworkable/
Gozzi, L. (2023, November 7). Europe migrant crisis: Italy to build migrant centres in Albania. BBC: https://www.bbc.com/news/world-europe-67339596
Horowitz, J., & Pianigiani, G. (2023, November 7). Meloni Says She'll Send Migrants to Albania. Some Say Not So Fast. The New York Times: https://www.nytimes.com/2023/11/07/world/europe/italy-migration-albania-agreement.html
Nadeau, B. L., & Edwards, C. (2023, November 7). Italy signs accord to send migrants to Albania, in deal slammed by rights group. CNN: https://edition.cnn.com/2023/11/07/europe/italy-albania-migrant-refugee-deal/index.html
Redazione ANSA. (2023, November 9). Italy-Albania agreement 'humanitarian solution' - Tajani. ANSA: https://www.ansa.it/english/news/politics/2023/11/09/italy-albania-agreement-humanitarian-solution-tajani_fa9850a2-63dc-43fb-a731-f61e14a4afde.html
Ricozzi, G. (2023, November 6). Italy strikes deal to set up migrant centres in Albania. FINANCIAL TIMES: https://www.ft.com/content/42a617f0-844f-4e60-81f2-fc9aa54b210b
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