The Advocate General of the ECJ strikes down Meloni's migrant centers

BrusselsNew blow from European justice against the migratory policies of the Italian Prime Minister, Giorgia Meloni. The Advocate General of the Court of Justice of the European Union (CJEU) has issued an opinion this Thursday against the creation of Italian centers outside of EU territory to deport newly arrived migrants living irregularly in Italy.

Advocate General Laila Medina assures that Italian legislation "does not appear to contain clear and precise rules" that guarantee the rights of the European Union, such as the right to defense or the right to respect for private and family life. In this way, Luxembourg concludes that the legislation promoted by Meloni "may affect or alter the minimum procedural guarantees provided for by EU law". "The requirements must be subject to guarantees equivalent to those applicable in national territory," says the Advocate General's ruling, which is not final but, in 80% of cases, anticipates the outcome of the final CJEU judgment.

The opinion recalls that to guarantee the right to defense, it must at least be allowed for detainees and deportees to have "audiovisual and confidential communications" with their defense, and that the travel expenses of lawyers to the deportation and detention centers set up outside the EU must be reimbursed "sufficiently". Regarding respect for family life, Luxembourg urges to guarantee the "right of visit and communication with family". Furthermore, it recalls that migrants cannot be detained indefinitely and, therefore, must be released once the period of internment has expired.

Endorsement of extraterritoriality

On the contrary, and in the same vein as the opinion of another Advocate General of the ECJ who assessed a parallel appeal concerning the same Italian legislation, Medina does not oppose deportation centers being located outside EU territory. "There is no provision of EU law that concerns the geographical location of detention centers for applicants for international protection," states the ruling, which concludes that "Member States retain the freedom" to locate them in Albanian territory, as is the case for Italy. However, the Advocate General recalls that, wherever these facilities are located, EU law must be complied with.

The decision comes after the Rome Court of Appeal asked Luxembourg whether the international agreement signed between Italy and Albania to set up deportation and detention centers there complies with EU law. The final word, however, lies with the highest court of European justice, which is the CJEU.

This ruling comes just days after the European Union reached an agreement to accelerate deportations and, precisely, to extend the legal umbrella to the entire EU bloc to allow the creation of centers outside the European bloc, such as those Meloni has set up in Albania. These regulations also lower guarantees; migrants can be detained in practice indefinitely, can be deported to countries with which they have no connection whatsoever, and the door is opened to raids within EU territory to identify and detain people who are allegedly living irregularly in the EU.