Italian judges have referred a new migrant repatriation protocol to the European Court of Justice (ECJ), questioning Italy’s recently updated “safe countries” list—which includes provisions to streamline the repatriation of migrants. The Bologna court’s decision challenges an agreement to send migrants to Albania, stirring fresh debate on the judiciary’s role in shaping Italy’s migration policy.
Despite judicial opposition, Italy’s government has made it clear that only an accountable executive, not unelected judges, should drive such essential national policy.
Under Prime Minister Giorgia Meloni’s government, steps have been taken to address the growing migration crisis, which has strained national resources and public patience alike. The October 21st decree bolstered government authority over safe country designations, shifting power from the courts to elected officials accountable to the public.
This move came after Italy’s judiciary blocked the repatriation of migrants to Albania, citing safety concerns over countries like Bangladesh and Egypt—a stance many see as overly cautious and out of touch with the urgent need for decisive migration controls.
By elevating the “safe country” designations to primary law, the Meloni administration aims to prevent politically motivated interventions from delaying migrant processing. Justice Minister Carlo Nordio pointed out that the ECJ ruling was misinterpreted by the judiciary, clarifying that the ECJ does not require judges to scrutinise each country’s designation unless specific concerns arise in individual cases. According to Nordio, judges wishing to challenge a safe country designation must now provide clear evidence, preventing broad and indefinite halts to deportations.
While left-wing parties continue to criticise the government’s efforts, the majority of EU member states support the Albanian protocol and are advocating for it to become an EU-wide model.
Italy plans to use this protocol to house up to 36,000 adult male migrants in Albanian centres, an initiative that promises to ease Italy’s migration burden significantly.
