ROME (AP) — Italy’s far-right government on Monday approved a new decree aimed at overcoming judicial hurdles that risked derailing a controversial migration deal with Albania.
Under the new decree — which is effective immediately — the government shortened the list of countries considered “safe” by law, meaning that Rome can repatriate to those countries migrants who didn’t win asylum using a fast-track procedure.
The number of safe countries is now reduced to 19 from the previous 22, excluding Cameroon, Colombia and Nigeria.
The move follows a ruling by Rome judges, who on Friday rejected the detention of the first 12 migrants sent to a newly-opened reception center in Albania, arguing that their countries of origin — Bangladesh and Egypt — were not safe enough for them to be sent back.
Under the ruling, all the 12 migrants were brought back to Italy, where they would be able to re-apply for asylum.
Rome judges motivated their decision citing a recent ruling by the European Court of Justice, which indicated that a country can be deemed safe for migrants’ repatriation only if its entire territory can be considered safe.
The ruling was an early stumbling block to the five-year deal between Italy and Albania for Tirana to host 3,000 migrants per month picked up in international waters by the Italian coast guard. They will be vetted for possible asylum in Italy or sent back to their countries.
Italian Premier Minister Giorgia Meloni has strongly pushed the deal, defending it as a new “model” to handle illegal migration.
Meloni had attacked the ruling by Rome magistrates as “prejudicial” and promised to overcome any judicial obstacle.
Human rights groups and NGOs active in the Mediterranean have slammed the Italy-Albania agreement as a dangerous precedent in conflict with international laws.
Legal experts also noted that the new decree approved by the Meloni government could not be enough to solve possible future conflicts, as EU rulings prevail over conflicting national laws.
Interior Minister Matteo Piantedosi on Monday rejected the criticism saying that the new decree was in line with the European Court of Justice’s ruling and in accordance with a new EU regulation that will become effective in 2026.