The European Commission has given the green light to a protocol signed between Italy and Albania which would see two Italian-managed asylum centers opened in Albania for asylum applications by migrants rescued in international waters.
A preliminary assessment of the protocol shows that the handling of the applications will be subject to Italian jurisdiction and is consistent with EU law, according to the Commission. The protocol will now have to be transposed into Italian law and implemented in practice.
The asylum applications will be processed within the time limits established in EU law. If asylum applications are rejected, return decisions will be issued – but migrants will have the right to appeal against the decisions. This will apparently be done remotely so that they will not have to appear in person before a court in Italy.
The Commission will monitor Italy’s compliance with EU asylum law, as Italy has committed to respect, but it is not clear if the monitoring will include a follow-up of the approval rates in the centres in Albania compared to those in Italy. As previously reported, the Italian government wants to reduce or even stop migration.
The two Italian-run centres could be operational by the spring of next year and will be able to accommodate up to 3,000 migrants a month, according to previous estimates. That is far from the total number of migrants trying to reach Italy’s shores but the figure refers to the number of people at a single time.
A legal issue which caused confusion was whether people can be rescued at sea, brought to the nearest port to disembark in Italy and then lawfully transferred to Albania where their asylum applications would be processed according to EU and Italian asylum rules. That issue has been sorted out now.
Only migrants rescued in international waters, by the Italian coast guard, will be sent to the centers in Albania. During the journey, the vessels will avoid Italian waters. According the Commission, Member States have a right to extend their jurisdiction to other countries.
The Commission says that it has reason to believe that Italy will apply the principle of non-refoulement. The principle prohibits states from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return and serious human rights violations.
Another question is whether Albania could be considered a safe country for migrants. There is also a risk that migrants released from the centers might not be returned to their countries of origin and instead try to enter the EU via the "Balkan route".
Contrary to practice in Italy, where asylum seekers are free to leave the centres while waiting for the decision, border procedures on detention will apply in the centres in Albania.
M. Apelblat
The Brussels Times
