AB Başsavcısı: İtalya'nın Arnavutluk'taki Göçmen Merkezleri Meşru, Ancak AB Kurallarına Uyulmalı

Albania migrant centres legitimate, but respect safeguards - EU Advocate General

(ANSA) - ROME, JUN 11 - It is possible for EU member States to run migrant centres outside the bloc's borders, like in the case of Italy's centres on Albanian territory, but they remain obliged to observe the guarantees provided for by EU law in asylum matters, the Advocate General of the EU Court of Justice Laila Medina said in an opinion on Thursday. "In the present case, the (Italy-Albania) protocol and the national implementing legislation do not appear to contain clear and precise rules making it possible to guarantee all of those rights, namely the rights of the defence, the right to respect for private and family life, as well as the right to immediate release at the end of the period for validation of the detention," the opinion reads. "Consequently, the protocol and national implementing legislation are likely to affect or alter the minimum procedural guarantees provided for by EU law... "The Advocate General considers that EU law provides for a minimum level of protection. "Thus, the national court must ensure, first, that EU standards of detention have been complied with, and second, the right to effective judicial protection has been guaranteed. "Those requirements must be guaranteed to a level equivalent to that applicable on national territory". The opinion regards the appeals of two migrants who had previously been detained in Italy under expulsion orders and were subsequently transferred to a centre in Albania. The opinions of Advocate General are not binding, the Court of Justice usually follows them. Italy has two migrant centres in Albania, although government's ability to use them was hampered by a series of judicial disputes. But an overhaul of the EU's migration system agreed by Member States last year made it possible for Italy's controversial plan to overcome some of the legal hurdles that have prevented it from taking off in earnest. The changes, which complement the Pact on Migration and Asylum approved in 2024, include expanded deportation measures and juridically allow the creation of 'return hubs' for rejected asylum seekers abroad, provided they abide by specific security criteria for migrants. The Albania scheme has spurred interest from other EU countries and also the UK, after the Labour government killed the former Conservative administration's Rwanda policy. (ANSA). Read article...