EU court limits Italy’s offshore asylum scheme

Europe’s top court has ruled against the automatic transfer of asylum seekers to offshore detention centers, casting doubt over Italy’s controversial migration deal with Albania and similar plans being considered across the European Union.

In a judgment issued on august 1, the European Court of Justice (ECJ) said asylum seekers can only be sent to facilities outside the EU—such as those Italy operates in the Albanian cities of Shengjin and Gjader—after a thorough assessment of their individual cases, Caliber.Az reports via CNN. 

The ruling emphasized that people cannot be returned to countries deemed “safe” without “effective judicial review” and clear evidence that the entire population, including vulnerable or marginalized groups, would not face persecution.

The decision came in response to a case involving two Bangladeshi asylum seekers detained in Albania who argued that returning to Bangladesh would be unsafe.

The ruling is expected to affect new EU asylum rules scheduled to take effect in June 2026, which would allow member states to designate their own “safe” country lists and outsource parts of the asylum process. The EU’s draft list includes countries such as Bangladesh, Egypt, India, Kosovo, Morocco, and Tunisia—despite ongoing concerns raised by rights groups.

“The proposed EU list of ‘safe countries of origin’ deems certain countries, from which 20% or fewer applicants are granted international protection in the EU, to be safe,” Amnesty International said in a July statement. “However, 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,” it added.

The Italian-Albanian agreement, signed in 2023, has been praised by EU leaders including Commission President Ursula von der Leyen and then European Council President Charles Michel. But a recent University of Bari study labeled the project “the most costly, inhumane, and useless instrument in the history of Italian migration policies,” estimating that it has already cost Italy over €74.2 million.

Italian Prime Minister Giorgia Meloni sharply criticized the ECJ’s decision, saying it would hamper efforts to control irregular migration.

“This is a development that should concern everyone – including the political forces rejoicing today over the ruling – because it further reduces the already limited scope for governments and parliaments to regulate and administer migration,” she said.

“It weakens policies to combat mass illegal immigration and protect national borders,” Meloni added.

As the EU prepares to implement sweeping asylum reforms, the future of Italy’s offshore detention centers—and the lives of those held there from countries like Egypt and Bangladesh—remains uncertain.

By Sabina Mammadli