The European Court of Justice (ECJ) has dealt a significant blow to European countries’ plans to send asylum seekers to offshore detention centers. In a ruling on Friday, the court determined that Italy’s practice of sending asylum seekers to detention centers in Albania must be more closely examined to ensure that individuals are not being sent back to dangerous situations in their home countries. This decision will likely impact new EU asylum regulations set to take effect next June, designed to allow member states to create their own “safe” country lists to expedite and outsource the asylum process.
The ECJ stated that a country of origin can only be considered “safe” after it has been “subject to effective judicial review,” and that a country must be demonstrably safe for all its population, including vulnerable or marginalized groups. This ruling came after two Bangladeshi asylum seekers argued that returning to Bangladesh would be unsafe. The court’s decision highlights the need for thorough assessments of countries’ safety before deporting asylum seekers.
The EU’s own list of “safe countries of origin” includes Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, and Tunisia, despite human rights campaigners warning that these countries are not safe for all who live there. Amnesty International criticized the list, saying that deeming certain countries “safe” based on low international protection rates is misguided. “The fact that up to 20% of those applying for international protection from these countries are recognized as refugees indicates that these places are in fact not safe for all,” Amnesty International stated.
The Italian government’s plan to outsource migrant processing to Albania has been particularly contentious. A recent study by the University of Bari found that the Italian scheme has cost over €74.2 million, calling it “the most costly, inhumane, and useless instrument in the history of Italian migration policies.” Despite this, European Commission President Ursula von der Leyen and former European Council President Charles Michel praised Italy’s 2023 agreement.
Italy’s far-right Prime Minister Giorgia Meloni criticized the court’s decision, saying it “weakens policies to combat mass illegal immigration and protect national borders.” She added that the ruling “further reduces the already limited scope for governments and parliaments to regulate and administer migration.” The detention centers in Albania remain empty due to judicial obstacles, with their construction cost reportedly seven times more than equivalent centers in Italy.
The ECJ ruling raises questions about the future of detention hubs in Europe. Olivia Sundberg Diez, EU Advocate on Migration and Asylum at Amnesty International, described the EU’s proposal for return hubs as “deeply troubling, deeply punitive and disproportionate measures.” The proposal aims to harmonize the EU’s migration policies, but human rights groups argue it violates international law. As the EU navigates these complex issues, the fate of asylum seekers and migrants hangs in the balance.