TIRANA, Dec. 14, 2023 – Albania’s Constitutional Court has suspended the approval process for the contentious deal with Italy to establish a third-country migrant processing camp in Albania under Italian jurisdiction.
The court has instructed parliament not to proceed with the vote on ratifying the deal until the court makes a final ruling on the constitutionality of the agreement between the two governments.
The decision comes in response to an appeal to the court by opposition members of parliament, which challenged the deal’s constitutionality.
The ruling represents a setback for the government’s push for expedited approval in parliament.
The court’s intervention also raises questions about the fate of the controversial agreement signed last month in Rome between Prime Minister Edi Rama and his Italian counterpart Giorgia Meloni.
Prime Minister Rama said he continues to support the agreement, although his party will obey the court’s order.
“It is the right of the Constitutional Court, it is its duty to review an international agreement before ratification. I don’t see anything related to my duties,” Rama told journalists during a press conference on Thursday.
The agreement envisioned the establishment of a reception center and a closed hosting camp in Albanian territory for irregular migrants and would-be asylum seekers intercepted in international waters by Italian authorities.
Both facilities, one at the port of Shëngjin for collecting personal data and initial verification of migrants, and the other in Gjadër, where migrants would stay until the asylum procedures are completed, were to be under Italian jurisdiction, with all expenses covered by the Italian state.
From the outset, the agreement faced opposition from the opposition in both Albania and Italy as well as a chorus of human rights organizations.
In Albania, two separate lawsuits seeking a declaration that the agreement is incompatible with the country’s constitution and the suspension of parliamentary ratification proceedings were filed with the country’s highest court by opposition MPs.
The agreement received fast approval from Rama’s party MPs, however. They did so in meetings that convened online, with only ruling Socialist Party MPs participating in order to avoid disruptions by opposition MPs, who have used various methods to disrupt votes in in-person meetings.
Parliament approval was initially scheduled for Dec. 21, but two days ago, the Socialists decided to expedite ratification on Dec. 14, likely to avoid intervention by the Constitutional Court, which announced the suspension shortly after the notice of expedition.
Constitutional Court Chief Justice Holta Zaçaj, outlined the procedure followed for the case and issued a statement noting the court would take the agreement under consideration, which means it “automatically suspends the ratification procedures” in parliament.
According to the law, the case must be concluded “within three months from the submission of the request,” which in this case coincides with March 6 of the next year.
The court is scheduled to meet again on this issue on Jan. 18, 2024.
Rome is pushing to get the camps up and running as soon as possible so they can be used during the busy summer months, according to Italian media.
The agreement faced strong opposition in Italy, mainly from the opposition. Meanwhile, various international organizations dealing with human rights, particularly migrant rights, have raised a series of concerns.
The deal is seen as an effort by the Italian government to curb the increasing flow of migrants from North Africa who try to reach its shores by boats.
Prime Minister Rama has said Albania aims to help strategic partners like Italy at a difficult time.
Italian authorities downplayed the suspension when speaking to the media, saying it was “an internal technical matter,” but the delay in implementing the agreement could potentially hinder the transfer of asylum seekers from Italy to Albania during the upcoming summer.
Meloni’s government had secured some support from European Commission President Ursula von der Leyen for the plans, shortly before the court ruling.
After some EU officials had expressed concern, Von der Leyen praised the agreement between Italy and Albania this week as an innovative approach that adheres to international and EU law by ensuring a fair sharing of responsibilities with third countries.
As per the agreement, Albania would accommodate up to 3,000 migrants per month.
On the other hand, other organizations have noted that there are human rights concerns over the deal.
Council of Europe Commissioner for Human Rights Dunja Mijatovic, for example, has joined a growing chorus of domestic and international voices expressing concern.
“The MoU raises a range of important questions on the impact that its implementation would have for the human rights of refugees, asylum seekers, and migrants. These relate, among others, to timely disembarkation, impact on search and rescue operations, fairness of asylum procedures, identification of vulnerable persons, the possibility of automatic detention without an adequate judicial review, detention conditions, access to legal aid and effective remedies,” Mijatovic said in last month.
