The Court of Justice of the European Union invalidates the “Albania model”
The EU Court of Justice invalidates the “Albania model” and confirms that the rule of law cannot disregard the role of the judiciary.
The Court of Justice of the European Union has clarified that a Member State may designate a third country as “safe” through legislation only if such a designation is accessible, verifiable, and subject to effective judicial review.
The decision stems from a preliminary ruling by the Rome Tribunal, which challenged the designation of Bangladesh as a “safe” country — a designation underlying the transfer of people rescued at sea to CPR centres in Albania and their rejection through accelerated procedures.
In its ruling, the Court lays out three fundamental principles:
– the designation of a “safe country” is lawful only if it can be reviewed by national courts;
– the sources on which the designation is based must be accessible to both the applicant and the judge;
– a country that does not provide sufficient protection to all, including specific vulnerable groups, cannot be included on the list.
“This ruling – states Laura Liberto, president of CILD – represents a clear rejection of the so-called ‘Albania model’, namely the protocol that provides for fast-track rejection procedures in centres located on Albanian territory, built and operated by Italy. The judgment leads us to reiterate that the Return Detention Centres (CPR), both in Italy and in Albania, are structures where fundamental rights are often violated. It contradicts the government’s narrative, which frames the issue as merely political, by reminding us that a rule of law is based on checks and balances, thus confirming that the judiciary plays a fundamental role in safeguarding civil liberties and the right to international protection. In light of this decision, it is urgent to reopen a public debate on closing CPR centres and reviewing migration policies in accordance with international human rights.”
“As CILD – concludes Laura Liberto – we call for the adoption of transparent procedures for the designation of safe countries, the immediate closure of CPR centres and the abolition of the ‘Albania model’, and the strengthening of access to judicial protection for every asylum seeker.”
