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Italy's Contested Deal to Send Migrants to Albania Gets Legal Lifeline
Published by Global Banking & Finance Review®
Posted on April 23, 2026
3 min readLast updated: April 23, 2026
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An EU Court adviser ruled Italy’s migrant‑to‑Albania protocol is, in principle, compatible with EU law, offering a legal reprieve for a programme stalled by court challenges yet still subject to the final judgment of the Court of Justice.
Italy’s Migrant Deal with Albania Receives EU Court Adviser’s Legal Endorsement
EU Court Adviser Backs Italy-Albania Migrant Agreement
Background and Legal Context
BRUSSELS, April 23 (Reuters) - Italy's deal to send migrants to Albania while their asylum claims are processed is compatible in principle with EU rules, an adviser to the bloc’s top court said on Thursday, offering a lifeline to a policy repeatedly challenged in the courts.
Political Reactions and Implications
Prime Minister Giorgia Meloni welcomed the statement as a validation of a programme she had presented as a cornerstone of her tough approach to immigration.
Several other European countries have been considering it as a possible model, and watching its progress through the legal system.
Pending Court Ruling
The Court of Justice of the European Union is due to rule on whether the scheme - the first of its kind between an EU member state and a non‑EU country - complies with EU law.
The court's adviser, Advocate General Nicholas Emiliou, said on Thursday the agreement met EU rules on return and asylum procedures in principle, as long as migrants’ rights are fully protected.
His office's opinions are not binding, but EU court judges typically follow them in their rulings on cases. The bloc's top court has not said when it might rule.
Implementation Challenges and Legal Proceedings
Initial Setbacks
Italy signed the deal with Albania in 2023. But the scheme stalled soon after launch when Italian courts ordered migrants transferred to Albania to be returned to Italy, citing concerns over compliance with EU law.
Appeals and Further Legal Scrutiny
Rome’s Court of Appeal rejected fresh detention orders in two cases in 2025, prompting Italian authorities to appeal to Italy's top appeals court, which referred legal questions to the Court of Justice of the European Union.
Emiliou said that top court “should, in principle, regard the protocol and related Italian legislation as compatible with EU law, provided that the individual rights and guarantees of migrants under the European asylum system are fully maintained.”
Future Prospects
Operational Timeline
Meloni said in November that the Albanian migrant centres would become operational from mid-2026, when new EU migration and asylum rules are due to take effect.
Official Statements
On Thursday, she wrote on X: "An important piece of news, which confirms the validity of the path we have indicated and how much two years lost have cost Italy due to forced and unfounded judicial interpretations."
Reporting Credits
(Reporting by Amina Ismail and Alvise Armellini; Editing by Andrew Heavens)
Key Takeaways
- •Advocate General Nicholas Emiliou opined the Italy‑Albania deal meets EU return and asylum rules if migrant rights are fully upheld, giving legal backing ahead of the Court’s binding ruling (ansa.it).
- •Italy’s offshore centres, signed in 2023 and dormant due to judicial setbacks, are expected to be operational under the new EU Migration Pact in mid‑2026, per PM Meloni’s plans (ansa.it).
- •The pact has sparked interest as a model across Europe, though it remains controversial among human rights groups and has faced rulings against it in the past, such as the ECJ’s 2025 rebuke regarding designation of “safe countries” (euronews.com)
References
Frequently Asked Questions about Italy's contested deal to send migrants to Albania gets legal lifeline
1What is Italy’s deal with Albania regarding migrants?
Italy signed a deal to send migrants to Albania while their asylum claims are processed, aiming to manage migration flows.
2Is the Italy-Albania migrant agreement compatible with EU law?
An adviser to the EU’s top court said the agreement is compatible in principle with EU rules if migrants’ rights are protected.
3Why has the scheme to send migrants to Albania faced legal challenges?
The scheme was challenged over compliance with EU law, and Italian courts ordered that migrants sent to Albania be returned to Italy.
4When might the Albanian migrant centers become operational?
Prime Minister Meloni stated the centers are expected to be operational from mid-2026.
5What happens next with the Italy-Albania migrant scheme?
The EU Court of Justice will give a final ruling; the adviser’s opinion, while influential, is not binding.
