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22 October 2024

Italy's Legislation Moves To Secure Migrant Transfer Deal With Albania

Prime Minister Giorgia Meloni attempts to override court ruling to maintain asylum seeker processing policy

Italy's government, under the leadership of Prime Minister Giorgia Meloni, recently took decisive measures to salvage its contentious migrant transfer agreement with Albania. This agreement, aimed at curbing the influx of migrants arriving on Italian shores, faced serious obstacles due to a recent court ruling.

Just days prior to the government's intervention, a court in Rome mandated the return of 12 asylum seekers who had been sent to Italy's new migration processing center located in Albania. This ruling cast doubt not only on the legitimacy of the agreement but also on the broader European Union strategy to establish similar migrant detention facilities outside its borders.

Under the controversial deal, Italy had begun transferring asylum seekers, particularly from countries like Egypt and Bangladesh, to the Albanian port of Shengjin. These individuals were part of the initial group of 16 migrants, who had recently made the precarious crossing from Libya to Italy before being relocated to the Gjadër center.

Despite the Italian government’s assertion of Albania being a safe country for processing migrants, Italian judges disagreed, citing potential risks to the asylum seekers upon their return to their home countries. This led to the rapid repatriation of several individuals, including minors, back to Italy, which was widely condemned by Meloni's far-right party. They criticized the ruling as politically motivated, worrying it could undermine Italy’s border controls.

On Monday, to address these legal setbacks, Meloni convened her cabinet for urgent discussions. The outcome was the immediate adoption of new legislation intended to enshrine the Italian government's definitions of safe countries, thereby streamlining and expediting asylum procedures for migrants hailing from these nations.

The newly approved decree establishes the government’s authority to identify nations as ‘safe’, contrary to the recent judicial interpretation which insisted on designations being applied solely to country-wide assessments rather than individual regions. This modification allows for rapid processing of migrants from deemed safe countries, paving the way for the Italian government to challenge judicial constraints on their programs.

During her statements following the cabinet meeting, Meloni expressed her firm resolve: "We will continue our work without stopping to protect our borders.'” The decree, which is set to be reviewed by Parliament, signifies the government’s attempt to assert its control over immigration policy, particularly amid rising tensions with judicial authorities.

Nonetheless, legal experts and immigration advocates caution against the swift legislative changes. Their concern stems from the fact this law is likely to face new legal challenges once it is implemented. Immigration lawyer Guido Savio highlighted the complex interplay of national laws versus EU regulations, saying, "The rapid changes may lead to more contradictory rulings as courts continue to grapple with the legal status of these policies.”

Meloni's government had previously hailed the transfer deal with Albania as pivotal for reducing migrant crossings, projecting it as part of their ambitious plan for addressing migration crises. By rerouting processing to Albania, they aimed to alleviate pressures on Italy’s own facilities, which have been overwhelmed by the continual arrival of boat migrants.

Yet, reactions from the opposition have branded the initiative as nothing short of disastrous. Many have labelled it as not just unworkable but also ethically dubious, questioning the safety and conditions for migrants subjected to such policies.

Adding to the complexity of the situation, it was revealed Italy's previously designated list of safe nations, which excluded certain countries based on recent court mandates, has also been under scrutiny. Following major changes to European Court of Justice directives, Meloni’s administration removed previously listed nations like Cameroon, Colombia, and Nigeria from its ‘safe country’ list.

This legislation presents just one dimension of Meloni’s broader agenda to tighten immigration controls amid rising anti-migrant sentiment within Italy. The political climate continues to grow increasingly polarized, with public opinion fluctuated heavily between supporting tighter border measures and advocating for more humanitarian approaches.

With continuous developments, the real-world impact of these legislative changes remains to be seen. The Italian government has emphasized its intention to collaborate closely with Albanian officials to effectively manage the migration issue, hoping to develop comprehensive solutions without generating contention among European partners.

The forthcoming sessions of Parliament will be pivotal, as the legitimacy and practicality of Italy’s renewed focus on transferring migrants to Albania will undergo rigorous scrutiny amid overarching human rights concerns and legal ramifications. The stakes are high, with thousands of lives caught up amid these political maneuvers. Whether this new law will prove effective for mitigating the crisis or merely amplify existing tensions within the EU framework remains uncertain. For now, Italy's response to its migration challenges continues to be closely monitored both at home and across the continent.

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