Italy’s Prime Minister Giorgia Meloni has swiftly moved to counter a recent court ruling that threatens to derail a significant multi-million dollar agreement with Albania aimed at reducing migrant arrivals.
On Friday, a Rome court ordered the transfer of the last 12 asylum seekers from the newly established Italian migration hub in Albania back to Italy. This ruling could jeopardize the European Union’s plans to create migrant processing and detention centers outside its borders as part of a tougher stance on immigration.
Last week, a group of 16 individuals arrived at the port of Shëngjin from Lampedusa on a military vessel. They were among the first to be relocated to the designated facility in Gjadër under an agreement between Meloni and Albanian Prime Minister Edi Rama, designed to detain men intercepted in international waters during their attempts to cross from Africa to Europe.
Out of the 16 men, four were sent back to Italy immediately, including two minors and two considered vulnerable. The remaining 12 were ordered to be transferred back to Italy by the Rome judges and were returned via Bari, dealing a setback to Meloni’s initiative, which critics have labeled a “complete failure” and a “financial disaster.”
Meloni’s party, the far-right Brothers of Italy, reacted angrily, condemning the judicial decision on social media. They accused “politicised magistrates” of attempting to undermine Italy’s borders. Justice Minister Carlo Nordio echoed this sentiment, asserting that the determination of a “safe country” should not fall into the hands of the judiciary.
At the heart of the dispute is the definition of “safe countries” of origin. The asylum seekers, hailing from Egypt and Bangladesh—countries deemed safe by Italy—were ordered back to Italy due to potential risks they faced if repatriated, aligning with a ruling from the European Court of Justice that the Italian government had overlooked. The EU court emphasized that any significant insecurity can render a country unsafe, even if the peril is confined to specific areas.
In response, the council of ministers convened an emergency meeting where they approved a new decree. This law seeks to establish a dynamic list of safe countries, subject to updates every six months, and to provide a mechanism for courts to revisit decisions related to the transfer of asylum seekers back to Italy. Meloni’s administration hopes this will compel judges to align their decisions more closely with government policies rather than international statutes.
Alfredo Mantovano, undersecretary to the presidency, announced in a press conference that countries with unsafe territorial areas, such as Nigeria, Cameroon, and Colombia, would be excluded from the newly defined safe list.
Meloni emphasized her commitment to “defend our borders.”
Tensions escalated over the weekend when Meloni shared excerpts from a letter written by Judge Marco Patarnello, which critiqued her for being “stronger and much more dangerous” than former Prime Minister Silvio Berlusconi, known for his contentious relationship with the judiciary. Right-leaning politicians viewed this letter as evidence of judicial bias against the government, while critics pointed out that Meloni omitted the broader context, where Patarnello advocated for judicial independence.
On Monday, Giuseppe Santalucia, president of the judiciary’s union, clarified that the judiciary is not opposed to the government, emphasizing the need for coexistence between the two institutions.
