The European Court of Justice held a hearing on a case referred by the Italian judiciary concerning migrant reception centers in Albania. The European Commission backed the Italian government’s stance on the classification of safe countries. It asserts that designating European countries as safe aligns with European Union law, even when this classification applies to specific groups of migrants.
This followed a decision by Italian courts that refused to transfer migrants outside Italy and ordered authorities to return those who had been sent to Albania back to Italy. The court determined that the migrants originated from unsafe countries, specifically Bangladesh and Egypt. In an effort to address this issue, the Italian government created a new list of safe countries that included both Bangladesh and Egypt. However, the Supreme Court in Rome rejected this list and chose to refer the matter to the European Court. The court will examine the legality of the domestic classification of safe countries and whether it is permissible to declare a country safe when certain groups within its population face threats.
The European Court has started reviewing the legality of Italy’s creation of refugee reception centers in Albania for processing asylum applications, based on an agreement signed by the two countries in 2023. During the hearing, Flavia Thomas, a representative of the European Commission, stated, “EU law permits member states to designate certain countries of origin as safe. While no country can be deemed entirely safe, some may be considered safe for specific categories of migrants, provided these groups are clearly defined.”
In October 2024, the European Court ruled that the concept of a safe country should encompass the entire territory of a nation, rather than just specific regions. This ruling put the Italian authorities in a challenging position, particularly after their plans to transfer migrants to Albania were blocked.
After a heated dispute between the Italian government and judiciary, and following the authorities’ forced return of migrants from Albanian camps, Italy dismissed over 100 employees from Medi Hospice, the NGO managing the two reception centers. The government is now considering repurposing the centers as repatriation or detention facilities for undocumented immigrants in Italy.
Following the hearing, the Advocate General of the European Court of Justice will submit a report in April, an advisory opinion that is not binding on the court but offers proposals for a legal solution to the case. The European Court of Justice is scheduled to issue its ruling sometime between May and June 2025.
