Italian Court Challenges Government’s Controversial Migration Deal with ECJ as EU Review Looms

Human Rights

An Italian appeals court has halted the expulsion of 43 asylum seekers detained in Albania, marking a setback for Prime Minister Giorgia Meloni’s hard-right government’s migration strategy. The court, rejecting the fast-track expulsion plan, referred the case to the European Court of Justice (ECJ) in Luxembourg, which is expected to rule on the matter by February 25.

The asylum seekers in question had their requests denied and were part of a controversial deal between Italy and Albania aimed at processing migrants outside the EU. Despite efforts by Meloni’s government to address Italy’s migration challenges, the court’s ruling underscores growing tensions between Italy’s judiciary and the government, particularly over the legality of sending rejected asylum seekers to countries like Albania.

In the case of the 43 migrants—originally from Bangladesh, Egypt, Ivory Coast, and Gambia—the appeals court ruled that their repatriation could not proceed, citing the need for clearer guidelines from the ECJ on the safety of sending individuals back to countries that have not been fully evaluated for their asylum systems. This comes after two similar rulings on smaller groups of migrants, where Italian judges also sought EU-level clarity on what constitutes a “safe” country for deportation.

The Meloni administration’s controversial migration deal, signed in 2023, aims to process up to 3,000 migrants per month beyond EU borders. The initiative has raised concerns among human rights groups about the safety and dignity of migrants, and has led to tensions within the European Union, though some member states have expressed support for Italy’s plan.

These legal hurdles come as migrant arrivals in Italy continue to rise sharply. Over 3,700 migrants have arrived so far in 2025, more than double the number from the same period last year, heightening the urgency for a resolution.

The outcome of the upcoming ECJ ruling could set a significant precedent for Italy’s ability to manage migration through external agreements, potentially shaping the future of EU-wide migration policy. The situation remains fluid, with both political and judicial battles continuing to unfold.

Court of Justice of the European Union by Luxofluxo CC-BY-SA-4.0

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