A top legal advisor from the European Court of Justice (ECJ) has supported the Italian government’s deal with Albania to process asylum seekers outside of the country. This deal, known as the Italy-Albania Protocol, allows Italy to send some migrants to Albania while their asylum requests are being reviewed.
The advisor, Advocate General Jean Richard de la Tour, said on Thursday that EU law allows a country to send migrants to a third country, even if that place may not be safe for every person. His opinion is not final, but the EU Court often agrees with the Advocate General’s advice when making its rulings.
This opinion came after two Bangladeshi asylum seekers were transferred to Albania and denied protection because their home country was labeled as safe. They took the case to court in Rome, which then asked the European Court to explain how the “safe country” rule should be applied.
The Advocate General said that a country can be called safe if most people there are not in danger and if the country has a democratic system. But he also said that vulnerable people must be protected. For example, if someone belongs to a group that faces discrimination or danger in their home country, they should not be treated the same as everyone else.
This means that if the Bangladeshi men can prove they face threats or discrimination in Bangladesh, then they should be allowed to challenge the transfer. If not, Italy can keep using Albania as a safe place to send migrants during their application process.
The opinion supports Italian Prime Minister Giorgia Meloni’s migration plan, which has been criticized by some courts in Italy. Those courts said Albania might not be safe for everyone, especially vulnerable people. But the EU advisor says countries can still use the safe country rule as long as they make exceptions for vulnerable cases.
The Italian news outlet Il Giornale, which supports conservative policies, welcomed the opinion and said it weakens arguments against the deal. The decision is likely to strengthen Italy’s efforts to manage migration more strictly.
While this is not the final ruling, the ECJ is expected to make a decision in line with the Advocate General’s opinion. If confirmed, the Italy-Albania deal could become a model for other EU countries looking to process asylum seekers outside their borders.