Setback for Meloni's immigration policy: the CJEU gives Italian judges the final say on deportations

BarcelonaThe Court of Justice of the European Union (CJEU) on Friday upheld Italy's designation of a safe country of origin, but stated that this classification must be subject to judicial review. The CJEU thus questions the legitimacy of the list of "safe countries" that Italy uses to send migrants to Albania while awaiting a decision on their asylum applications.

The ruling represents a setback for the legal basis on which the "externalization" of migration system devised by Giorgia Meloni is based. The Italian Prime Minister called the court's decision "surprising" and asserted that it "weakens policies to combat mass illegal immigration and defend national borders."

The ruling refers to the case of Bangladeshi migrants who were rescued at sea by Italian authorities and taken to an internment center in Albania, based on the controversial agreement between Tirana and Rome to establish migrant detention centers on Albanian territory. The two citizens' requests for international protection were examined by Italian authorities at the border under the expedited procedure and rejected as unfounded because their country of origin was considered "safe."

This Friday, the Luxembourg-based court upheld the possibility that a third-country national's application for international protection may be denied under an accelerated border procedure if their country of origin has been designated as "safe" by a Member State. It also clarified that this designation may be made through a legislative act, as Italy does, provided that it can be subject to effective judicial review regarding compliance with the substantive criteria established in Community legislation.

Thus, the ruling establishes that the "safe" designation must meet strict legal standards and allow applicants and courts to access and challenge supporting evidence. The requirements include demonstrating that there is no persecution, no torture, inhuman or degrading treatment, or no threat of indiscriminate violence in a situation of armed conflict. The CJEU also adds that a country may not be classified as "safe" if it does not offer adequate protection to its entire population, agreeing with the Italian judges who raised this issue last year.

The Meloni government has reacted harshly to the ruling: "The jurisdiction, this time European, is claiming powers that do not correspond to it, in the face of political responsibilities." It added in a statement that "it is a step that should concern us all, because it further reduces the already limited margins of autonomy of governments and parliaments in the regulatory and administrative direction of the migration phenomenon."

A failed plan

Last October, the far-right Brothers of Italy government opened two centers in Albania to expel migrants intercepted in the Mediterranean without asylum rights.The centers have never become operational because they have received various contrary court rulingsTo circumvent them, the Italian government had to amend the law, strip the specialized immigration section of its powers, and ultimately convert the Albanian facilities into repatriation waiting centers.

Furthermore, a recent study by the University of Bari and the NGO Action Aid revealed that the detention centers cost €114,000 per day for the 20 people held there between mid-October and the end of December 2024. The 20, on the other hand, cost more than €74 million.

However, in Friday's statement, the Italian government expressed its willingness to "seek all possible solutions, both technical and regulatory, to protect the safety of citizens." This comes ten months before the European Union pact on immigration and asylum comes into force, with full implementation expected by June 2026.