Safe Country
Rome’s authorities faced a decisive moment just days before a planned operation as a Rome court refused to authorize the detention in Albania of the twelve migrants still housed in Italy’s centers on that Balkan soil. Earlier, four others from the initial group had already been relocated. The judges had been given 48 hours to render their decision, and they delivered within that window.
The ruling, as explained by the court, rests on the finding that the facilities and zones established in Albania by the government of Prime Minister Giorgia Meloni do not demonstrate that the migrants’ countries of origin are safe. Because of that, it is impossible to apply border procedures within these sites, which were set up to resemble border zones or transit areas in Italian contexts; as a result, the migrants retain the right to be brought back to Italy.
The decision follows swift developments in which the authorities had also rejected the twelve asylum applications submitted by the Egyptian and Bangladeshi migrants. The process has already stirred concern, not least because it is unclear how the migrants could be assisted by lawyers, and because the judges are required to verify the information provided by the applicants.
The outcome was predictable after a recent ruling by the Court of Justice of the European Union. The court ruled that for a country to be considered safe, safety must be established across its entire territory, not limited to particular areas or to specific groups. This interpretation narrows the scope of how third countries can be used in relocation schemes and has direct implications for Albania’s role in Italy’s asylum framework. (Source: Court of Justice of the European Union)
Looking ahead, it remains to be seen how the Italian government will react. A firm position would be that the migrants cannot be released in Albania, given that such a release is not contemplated in the bilateral agreement between Italy and Albania, and that the Albanian prime minister, Edi Rama, has repeatedly stated his government will not accept it. Yet for Prime Minister Giorgia Meloni’s administration, a rejection of the court’s approach would represent a significant setback, making it likely that this chapter is not yet closed. (Source: Italian governmental statements and regional coverage)
The ruling also throws into sharp relief the broader European framework for asylum and migration, emphasizing that safety assessments must be holistic and legally sound, not limited to fragments of territory. This reinforces the need for consistent standards across member states and for transparent procedures that respect due process. (Source: EU legal framework)
Analysts say the decision increases pressure on national authorities to revisit bilateral arrangements and to ensure that all steps comply with EU jurisprudence on asylum, human rights, and procedural fairness. It also underscores the critical role of legal representation for asylum seekers, which must be enabled promptly and equitably. (Source: regional experts)
Without detaining facilities in Albania or similar settings, migrants may remain in Albania’s care under a different status while their asylum claims are processed. In practical terms, this means ongoing negotiations within the Italy-Albania arrangement and possible recalibration of how third countries are used in relocation schemes. (Source: policy observers)
In any case, the Italian government is likely to weigh options carefully. A shift in approach could involve reaffirming conditional transfers, seeking clearer guarantees on safety, or pursuing changes to the bilateral agreement. However, any move is likely to be scrutinized by domestic opponents and by European partners who monitor conformity with EU law and human rights obligations. (Source: government commentary and EU-watch groups)