EU scrutinizes Italy-Albania asylum pact
The implementation of a protocol between Rome and Tirana for the fast-track processing of asylum seekers at Italian-run centres in Albania can't compromise the European common asylum system nor negatively impact EU law, the Commissioner for Internal Affairs and Migration Magnus Brunner said, CE Report quotes ANSA.
The implementation of the deal between Italy and Albania "must complement existing access routes to asylum and cannot get in the way of the aims and objectives of EU law in this context, nor harm the rights and guarantees which member States need to grant people in such situations", Brunner wrote in response to a parliamentary inquiry filed by MEPs from the progressive Democratic Party (PD), Green-Left Alliance (AVS) and Five-Star Movement (M5S).
"The Commission will continue to follow the implementation of the protocol closely", he explained.
The scheme has so far been stymied by Italy's courts.
Italian judges refused to validate the detention of the first three groups of asylum seekers taken to Albania back in October and November as well as last month, referring their cases to the European Court of Justice - which had established on October 4 that an applicant could not go through a fast-track procedure that could lead to their repatriation if their country of provenance was not deemed wholly safe.
The countries of origin in the cases, Bangladesh and Egypt, were not judged to be wholly safe across their territory and for all categories of citizens.
The government has tried to get around this hurdle with a measure listing 19 safe countries for repatriation.
They included both Bangladesh and Egypt.
However, after the decree was approved in December, Italian judges have asked the ECJ which parameter should be used when determining safety and whether the principle of the primacy of EU law should prevail if a conflict arises with Italian legislation.
While provisionally asserting the primacy of Italian ministers on deciding safe countries for migrant repatriation from the new processing centres in Albania, the supreme Court of Cassation in December said the matter must await a ruling expected by the European Court of Justice.
The European Court of Justice is set to rule on the Italian courts' referrals on February 25.
