The controversial migrant agreement between Italy and Albania is facing its most serious legal challenge yet. A new report from Italy’s Supreme Court of Cassation has raised concerns that the deal may be unconstitutional and in conflict with EU law and international treaties. The protocol, originally signed last year, allows Italy to send certain asylum seekers to processing centres located in Albania. However, legal experts are now warning that the agreement lacks clear legal protections and may lead to unequal treatment of migrants.
According to the Supreme Court’s analysis, the deal does not clearly define which migrants it covers and fails to provide proper legal safeguards for those sent abroad. This could lead to serious human rights violations, the court says, especially when comparing how asylum seekers are treated in Italy versus those processed in Albania. The court also raised alarm over the risk of detention being used as a default measure, rather than a last resort as required under European Union law.
Even though the report does not carry legal force and is not binding, it could influence how lower courts interpret cases involving detention and deportation under the deal. The President of the Supreme Court, Margherita Cassano, clarified that the opinion is meant to guide judges and not to interfere with government policy. “There is no overreach,” she told Corriere della Sera, adding that the court’s report is just a technical tool, not an instruction manual for lawmakers.
Still, the implications are serious. The report includes questions that may be referred to the European Court of Justice, suggesting that the legality of the entire agreement could soon be tested at the EU level. This comes at a time when the Italian government, led by Prime Minister Giorgia Meloni, is pushing forward with a tough stance on irregular migration, using offshoring as a key part of its policy.
Government officials have pushed back strongly. European Affairs Minister Tommaso Foti accused parts of the judiciary of trying to obstruct national policy. He said the Meloni administration’s migration strategy is becoming a model for other European countries, and yet it’s being challenged at home. Similarly, Forza Italia Senate leader Maurizio Gasparri went further, claiming that the court’s legal office has been influenced by far-left activists.
Why is this court report a major concern for the Italian government?
Although it does not directly stop the protocol, it gives legal ammunition to opponents of the deal. It also opens the door for future court rulings to challenge the detention and transfer of asylum seekers. One of the court’s biggest concerns is the lack of a clear process for releasing migrants if they cannot legally remain in Albania, which could lead to unlawful detention for extended periods.
The court highlighted that migrants who are no longer legally detained must be returned to Italy. However, this return process could take hours or even days, leading to detention “sine titulo” — without legal justification. This raises serious questions about compliance with EU human rights standards and the risk of Italy violating international obligations.
As debates continue, the fate of the Italy-Albania migrant deal remains uncertain. With legal scrutiny increasing and possible intervention from the European Court of Justice, the government faces both political and judicial pressure. Whether this offshore migration model will survive or need to be changed is a question that may soon be answered in both Italian and European courts.