ECJ Rules Italy's Asylum Offshoring to Albania Breaches EU Law
The European Court of Justice (ECJ) has delivered a significant ruling on Italy's offshoring plan for asylum processing. The court has declared that Italy's attempt to send asylum seekers to Albania, one of the countries in question, for processing breaches EU law.
The ECJ's decision, handed down in 2025, has far-reaching implications. It casts doubt on the future of Italy's plan to process asylum seekers in Albania, a key part of Prime Minister Giorgia Meloni's immigration agenda. The court found that Italy's classification of certain countries, including Bangladesh, as 'safe' for fast-tracking asylum applications was flawed.
The ruling also highlights the legal limbo surrounding the Albanian centres. Despite their construction, irregular sea migration to Italy has shown a marked decline since 2023. However, the facilities have reportedly stood empty for several months, raising questions about their purpose and cost-effectiveness. The cost of building the centres in Albania was seven times higher than that of comparable infrastructure in Italy.
The ECJ's ruling places renewed legal pressure on Italy's offshoring plan. It also complicates future attempts by EU member states to externalise asylum procedures outside the bloc's territory. The court noted that a country cannot be deemed 'safe' if it fails to guarantee effective protection to all segments of its population. Italy's lack of transparency and evidence supporting its 'safe country' classifications further undermines the right to appeal.
