EU court adviser says Italy-Albania migrant protocol fails to guarantee full asylum rights

The Advocate General’s opinion

On 11 June, Advocate General Laila Medina of the Court of Justice of the European Union issued her conclusions on the Italy-Albania protocol, which allows Italy to process asylum seekers at centres on Albanian soil. The opinion states that EU member states can establish such offshore facilities, but they must fully respect EU asylum law guarantees. The protocol and national implementing legislation, Medina writes, “do not appear to contain clear and precise rules capable of guaranteeing the full range of rights”, including the right to a defence, respect for private and family life, and immediate release once the detention validation period expires. She warns that the current provisions “may affect or alter the minimum procedural guarantees provided by EU law”. The Advocate General’s opinion is not binding, but the court usually follows its reasoning.

Legal context and the contested protocol

The conclusions respond to preliminary questions from an Italian court hearing appeals from two migrants. Both had been held in Italy under expulsion orders and then transferred to Albania. Italy opened two centres in Albania under the protocol, but a series of judicial rulings blocked operations. Last year, EU member states overhauled the bloc’s migration system, introducing provisions for ‘return hubs’ abroad for rejected asylum seekers, provided certain safety conditions are met. A separate return regulation approved the previous week further expanded deportation measures. Medina’s opinion clarifies that while governments can choose the geographical location of detention centres, the underlying detention standards are fully harmonised at EU level, leaving no margin for national discretion. National courts must verify that EU detention rules are respected and that effective judicial protection is upheld “to a level equivalent to that applicable on national territory”.

Political reaction in Rome

Prime Minister Giorgia Meloni, speaking to the Chamber of Deputies on the same morning, highlighted the new return regulation as a vindication of Italy’s approach.

An historic agreement, fruit above all of our work, thanks to which those who do not have the right to remain in the European Union will be able to be repatriated more quickly and effectively. And thanks to which it will be possible to open return hubs in third countries, following the path started with the much contested Italy-Albania protocol. An innovative solution that many opposed, but which thanks to this government has today become a tool at the disposal of all Europe.

Meloni argued that the EU is now following Italy’s model. The protocol has also drawn interest from other member states and the United Kingdom.

Next steps and implications

The Court of Justice is expected to deliver its final ruling in the coming months. If the court follows the Advocate General’s reasoning, Italy will need to amend the protocol or its implementing regulations to embed explicit rights guarantees. In the meantime, national judges retain the duty to scrutinise detention conditions and protect the procedural rights of those held in the Albanian centres.