Thus, 43 migrants who have already been taken to Albania must be returned to Italy. The judge in an appellate court in Rome simultaneously referred the question to the EU Court of Justice ECJ.
The verdict is a setback for Giorgia Meloni's far-right government and its disputed migration policy. Previous transfers of migrants to Albania have been stopped since migrants came from countries that are not considered safe – and therefore cannot be sent back to their home countries.
The 48 migrants who were taken into custody by the Italian coastguard came from, among other places, Bangladesh, Egypt, and Gambia. The court ruling applies to 43 of the migrants.
Italy and Albania entered into an agreement in the autumn of 2023, which allows Italian authorities to operate asylum centers in Albania, where migrants stopped in the Mediterranean will be held while they seek asylum in Italy. Albania is not an EU member.
The question of migrants' rights and Italian migration policy will be taken up by the ECJ on February 25.
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