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02 February 2025

Italian Court Blocks Offshore Migration Scheme Again

A judicial ruling forces Italy to repatriate migrants sent to Albania under controversial policy.

Italy's immigration policies faced another significant setback as the Rome Court of Appeals ruled against the government's controversial offshore migrant detention agreement with Albania for the third time. The ruling, which mandated the return of 43 migrants to Italy, highlights the challenges facing Prime Minister Giorgia Meloni's administration as it seeks to manage rising numbers of asylum seekers arriving by sea.

This latest ruling came after the migrants were transferred to Albanian processing centers on January 30, 2025. They had been intercepted by Italian authorities during their attempts to cross the perilous Mediterranean Sea, with their initial transit to Albania intended as part of Meloni's plan to expedite the processing of migrants outside of the European Union. The group comprised mainly individuals from Bangladesh, Egypt, Ivory Coast, and Gambia.

The Rome Court of Appeals expressed serious concerns over the conditions at the detention centers established in Albania, stating unequivocally, “The conditions in the camps do not meet international standards for the humane treatment of asylum seekers.” This stance has been consistent throughout the court's recent decisions, reinforcing the legal arguments against the viability of processing asylum claims outside EU borders.

During the recent transport, which occurred on February 2, Italian officials facilitated the return of the 43 migrants via the Italian navy and coast guard vessels. This incident marks the third time the court has intervened, and it sends a clear message about Italy's responsibilities under international law concerning the treatment of refugees and asylum seekers.

Since the scheme's inception, it has drawn significant criticism from human rights organizations and opposition parties within Italy. Nicola Fratoianni, of the Green-Left Alliance party, remarked, “Another deportation of migrants to Albania has come to nothing,” indicating widespread skepticism about the government's approach.

Italy's government hopes to process up to 3,000 migrants monthly through its agreement with Albania, signed last year. This deal was part of Meloni's larger strategy to address illegal migration, which has persisted as a contentious issue domestically. Despite efforts to outsource migrant processing, the judicial setbacks reveal deep-seated challenges within the Italian legal framework and the broader European Union regulations concerning migration.

The increased arrivals of migrants worsen the situation. Over the past four weeks, Italy has seen nearly 3,700 migrants arrive, nearly triple the number from the same stage last year. The country reported over 66,000 migrant arrivals throughout the previous year, marking substantial pressure on its processing systems.

To complicate matters, the European Court of Justice (ECJ) is currently reviewing legal inquiries related to Italy's designation of “safe countries” for migrants. With upcoming hearings scheduled, courts have opted to pause expulsion efforts pending clarity on international safety standards for repatriation. Observers note the risks of diverse international obligations conflicting with Italy's immigration goals, raising questions about the viability of the outsourcing strategy.

The repeated judicial blocks not only challenge the Meloni administration’s objectives but also strain diplomatic relations with Albania. The failings of this offshore processing initiative suggest Italy may need to reconsider its immigration strategy and explore domestic solutions to the increasing flow of migrants.

With the current political climate shifting and public opinion becoming increasingly divided over immigration issues, the government faces pressure from multiple fronts. Meloni's far-right agenda, aimed at tightening immigration controls, may be at risk as the legal system asserts itself to uphold humanitarian standards.

The continuing events surrounding Italy's offshore migrant detention scheme serve as stark reminders of the inherent difficulties within European migration policies. The recent court rulings not only highlight the need for humane treatment of asylum seekers but also the importance of Italy adhering to international legal obligations. The ruling will have lasting ramifications, encouraging Italy to navigate the intricacies of immigration reform amid legal and ethical scrutiny.