Italian Prime Minister Giorgia Meloni’s plan to place asylum seekers in detention centers in Albania may comply with EU law only if those people are guaranteed the same safeguards they would have on Italian territory, according to an opinion issued by an adviser to the European Union’s highest court.
The opinion of the advocate general of the Court of Justice of the EU is not binding, but it gives Rome limited legal room to continue a project being closely watched in other EU countries.
In a statement published Thursday ahead of the final ruling, the Court of Justice said that, in Laila Medina’s view, member states “remain free to place [detention centers] on the territory of Albania.” At the same time, the rights of the people held there “must be guaranteed at a level equivalent to that applicable on national territory.”
Medina said that transferring such centers to Albania was not automatically unlawful. But she warned that the current legal framework appeared not to contain “clear and precise rules” guaranteeing asylum seekers the ability to defend their interests, maintain contact with family members and be released after the period of detention expires.
The case is being closely watched by other EU countries considering similar schemes in third countries. The court’s final ruling is expected to define the legal boundaries within which such offshore detention centers could become part of the European Union’s migration policy.
Opinions from advocates general of the Court of Justice of the EU are not binding, but they often point to the likely outcome of a case.
Meloni announced in November 2023 that she had agreed with Albanian Prime Minister Edi Rama to create two centers for asylum seekers rescued in the Mediterranean. They were to be held there while Italian authorities examined their claims.
Meloni, who came to power promising to reduce illegal migration to Italy, argued that housing asylum seekers outside the country, in Albania, would have a deterrent effect and reduce the number of attempts to reach Italy.
The original plan envisaged that migrants granted asylum would be accepted in Italy. Those whose claims were rejected were to be rapidly returned to their countries of origin or sent elsewhere.
The Meloni government’s attempts to use the centers in Albania ran into resistance from Italian migration judges. They ruled that migrants have the right to remain in Italy while their claims are being examined—in “open centers” or private accommodation, rather than in prison-like facilities in Albania.
The Meloni government then changed the rules, specifying that only migrants from countries deemed “safe” for return would be sent to Albania for their cases to be examined. Even in that form, however, the scheme continued to face legal challenges.
In Italy, the center-left opposition has criticized the government for spending public funds on building centers whose practical value remains limited. The facilities are now being used to house some migrants awaiting repatriation. Critics argue that holding them in Albania only increases the overall cost of the deportation process.