ECJ Ruling Restricts Europe’s Deportation of Asylum Seekers to ‘Unsafe’ Countries amid Controversial Italian-Albanian Partnership

The European Court of Justice (ECJ) has issued a ruling that may alter the trajectory of EU asylum policies, specifically concerning the transfer of asylum seekers rescued at sea to overseas detention centers.

On Friday, the ECJ declared that while Italy can continue operating its facilities in Albania’s Shengiin and Gjader cities, the individuals sent there must undergo rigorous examination to ensure they are not being returned to potentially harmful conditions in their home countries.

The court emphasized that a country of origin could only be deemed “safe” after it has been subjected to thorough judicial review, and it must provide safety for all its inhabitants, including vulnerable or marginalized groups.

This ruling is expected to significantly impact the upcoming EU asylum regulations, slated to commence in June 2023, which enable member states to create their own “safe” country lists to expedite and outsource the asylum process.

The ECJ’s decision follows a challenge by two Bangladeshi asylum seekers who were detained in Albania but contended that returning to Bangladesh was not safe for them.

Several European countries have expressed interest in establishing similar deportation mechanisms, with the Italian-Albanian partnership serving as a potential model. However, a recent study by the University of Bari revealed that Italy’s scheme has thus far cost approximately €74.2 million (around $86 million).

The study described the scheme as “the most costly, inhumane, and useless instrument in the history of Italian migration policies.”

Despite this ruling, the European Commission has advocated for Italy’s 2023 landmark agreement, which aims to streamline Europe’s approach to managing migration and asylum, particularly regarding migrants from so-called “safe” countries. The commission describes the policy as “fair but firm,” outlining wide-ranging reforms intended to lighten the burden on countries that have traditionally accepted the majority of asylum seekers among the EU’s 27 member states.

It remains unclear whether this ECJ ruling will deter the development of overseas detention centers. Critics argue that such facilities may exacerbate human rights concerns, while proponents contend they are necessary to manage the influx of migrants and asylum seekers. The debate continues, with both sides presenting compelling arguments for their respective positions.