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LONDON —Italy's controversial policy of holding migrants in detention centers in Albania for processing has hit a legal roadblock as judges in Rome this week asked the European Union's Court of Justice for clarification on its legality. The EU judges could take months or years to make a ruling.
The judges at a special immigration court in Rome referred the matter to the EU court in Luxembourg after refusing to rule on a government request to detain several migrants at the processing centers in Albania.
The court decision triggered an online spat between Italy's president and U.S. billionaire Elon Musk, who criticized the Italian judges' decision.
Italian Prime Minister Giorgia Meloni struck a deal with Albania in February for migrants to be processed in the Balkan country. Several European countries have been closely watching the plan amid speculation that many want to also process migrants in third countries.
Italy has built two migrant detention centers in Albania, projected to cost upwards of $650 million to run over the next five years. The centers are designated as Italian border zones and are run by Italian officials.
Rome's plan is to transport migrants rescued in international waters directly to the detention centers in Albania, to fast-track their asylum applications, and quickly return those who fail to their countries of origin.
Italy hoped to process 3,000 migrants a month at the centers, acting as a major deterrent for irregular migration. So far, though, just 24 migrants from Egypt and Bangladesh have been sent to Albania, all of whom have since been sent back to Italy on the orders of a special immigration court in Rome.
The judges cited a recent European Union Court of Justice ruling that no country of origin could be deemed safe if parts of it are dangerous. The Italian judges are now seeking further clarification of what constitutes a safe country of origin, according to Andreina De Leo, an expert on EU migration law at Maastricht University in the Netherlands.
"The border procedure in Italy is applied on the basis of this concept of 'safe country of origin.' [EU] member states can designate third countries as safe country of origin only if these countries are safe in their entirety," De Leo told VOA.
"What the Italian judge said is that, OK, the Court of Justice said that the countries have to be safe in their entirety. But the reasoning leading to this decision can also be applied to exceptions that are not only based on territorial exception, but [also] groups.
"So, for instance, Bangladesh and Egypt, also Tunisia, are generally safe - but they are not safe for homosexuals, for human rights defenders and other categories," she added.
De Leo suggested no decision could be expected from the court for at least a year, "So, it means that this [policy] is blocked," De Leo said.
The EU court decision would take precedent over Italian legislation.
Backlash
Italian Prime Minister Meloni has disputed the Italian judges' interpretation of the EU directives, which represents a major setback for her flagship policy aiming at slashing irregular migration.
Speaking last month in the Italian Senate, she called the Albania agreement "a new, courageous, unprecedented path, but one that perfectly reflects the European spirit."
Deputy Prime Minister Matteo Salvini, currently on trial for allegedly preventing a migrant rescue boat from docking when he was interior minister in 2019, said the Italian judges had made "a choice that endangers the safety and wallets of Italians."
Meloni also received backing from Musk, the American billionaire and ally of U.S. President-elect Donald Trump. Responding to the Italian court decision, Musk wrote on his social media platform X, "These judges need to go," later describing them as an "unelected autocracy."
Italian President Sergio Mattarella rebuked Musk's intervention Thursday, saying he "must respect Italy's sovereignty."
Italy has long been on the front line of Europe's migration crisis. More than 58,000 migrants have arrived by sea illegally so far this year, although that is 60% less than in the same period last year.
Across the EU, governments are under pressure to cut immigration, with several eyeing deals like that between Italy and Albania to process migrants in third countries. The bloc's new Pact on Migration and Asylum - approved by member states in April - is due to come into force in 2026 and will make it easier for member states to detain migrants at the border, De Leo said.
"This means that from 2026 onwards, they will have a new ground to put people in the [accelerated] border procedures. What I think is that by the time the EU Court of Justice makes a decision, it will probably be time to start applying in the new law, so it will not matter," De Leo told VOA.