Andreina De Leo
@andreinadeleo.bsky.social
(Yet another) 🇮🇹 in Brussels | PhDing @lawinmaastricht.bsky.social | Member @asgiit.bsky.social | Accredited visitor closed centers @jrsbelgium.bsky.social | All things 🇪🇺 #Asylum & #Migration law | Also occasionally spreading love for #TSwift & #Cats | 🫶⚖️🐱✨
I’m not so optimistic but happy to be proven wrong 🥲 at least a good decision for once (even if of limited use in the long run)…
August 1, 2025 at 2:26 PM
I’m not so optimistic but happy to be proven wrong 🥲 at least a good decision for once (even if of limited use in the long run)…
Not sure if it will have a direct impact as SCoO and STC concepts work a bit differently, but I think it might accelerate all legislative initiatives aimed at pushing the externalisation trend, including through the removal of connection criteria in STC…
August 1, 2025 at 1:29 PM
Not sure if it will have a direct impact as SCoO and STC concepts work a bit differently, but I think it might accelerate all legislative initiatives aimed at pushing the externalisation trend, including through the removal of connection criteria in STC…
Exactly, not a coincidence I would dare to say...
August 1, 2025 at 11:12 AM
Exactly, not a coincidence I would dare to say...
Not yet, but I think they will include the new legal basis as one of the grounds for the accelerated border procedure in national law once the APR enters into force, and the ratification law refers to the national provision regulating acc bord procedures to clarify the ones applicable in Albania.
August 1, 2025 at 11:09 AM
Not yet, but I think they will include the new legal basis as one of the grounds for the accelerated border procedure in national law once the APR enters into force, and the ratification law refers to the national provision regulating acc bord procedures to clarify the ones applicable in Albania.
13/
📣 Bottom line:
The current ruling doesn’t kill 🇮🇹🇦🇱, but makes it more difficult to apply it;
The next ruling will address whether outsourcing detention and removal complies with EU law — and if legal fictions are enough to guarantee real rights.
To be continued. ⚖️
📣 Bottom line:
The current ruling doesn’t kill 🇮🇹🇦🇱, but makes it more difficult to apply it;
The next ruling will address whether outsourcing detention and removal complies with EU law — and if legal fictions are enough to guarantee real rights.
To be continued. ⚖️
August 1, 2025 at 10:46 AM
13/
📣 Bottom line:
The current ruling doesn’t kill 🇮🇹🇦🇱, but makes it more difficult to apply it;
The next ruling will address whether outsourcing detention and removal complies with EU law — and if legal fictions are enough to guarantee real rights.
To be continued. ⚖️
📣 Bottom line:
The current ruling doesn’t kill 🇮🇹🇦🇱, but makes it more difficult to apply it;
The next ruling will address whether outsourcing detention and removal complies with EU law — and if legal fictions are enough to guarantee real rights.
To be continued. ⚖️
12/
⚠️ Serious doubts remain about whether 🇮🇹 can guarantee equivalent standards in Albania,especially concerning:
The right of defense in detention and asylum procedures;
Access to adequate healthcare;
Lawful and justified deprivation of liberty.
Legal fictions ≠ effective protection.
⚠️ Serious doubts remain about whether 🇮🇹 can guarantee equivalent standards in Albania,especially concerning:
The right of defense in detention and asylum procedures;
Access to adequate healthcare;
Lawful and justified deprivation of liberty.
Legal fictions ≠ effective protection.
August 1, 2025 at 10:46 AM
12/
⚠️ Serious doubts remain about whether 🇮🇹 can guarantee equivalent standards in Albania,especially concerning:
The right of defense in detention and asylum procedures;
Access to adequate healthcare;
Lawful and justified deprivation of liberty.
Legal fictions ≠ effective protection.
⚠️ Serious doubts remain about whether 🇮🇹 can guarantee equivalent standards in Albania,especially concerning:
The right of defense in detention and asylum procedures;
Access to adequate healthcare;
Lawful and justified deprivation of liberty.
Legal fictions ≠ effective protection.
11/ The Italian court is skeptical.
It argues there’s a “sufficiently close connection” to the EU legal order. So even in 🇦🇱, EU standards must be concretely respected, not just promised on paper.
It argues there’s a “sufficiently close connection” to the EU legal order. So even in 🇦🇱, EU standards must be concretely respected, not just promised on paper.
August 1, 2025 at 10:46 AM
11/ The Italian court is skeptical.
It argues there’s a “sufficiently close connection” to the EU legal order. So even in 🇦🇱, EU standards must be concretely respected, not just promised on paper.
It argues there’s a “sufficiently close connection” to the EU legal order. So even in 🇦🇱, EU standards must be concretely respected, not just promised on paper.
10/🔥 The legal issue:
The Protocol says migrants in Albania should be treated “as if” they were on Italian territory.
But EU asylum law formally applies within EU territory.
➡️ Does that legal fiction (voluntary extension) hold up?
The Protocol says migrants in Albania should be treated “as if” they were on Italian territory.
But EU asylum law formally applies within EU territory.
➡️ Does that legal fiction (voluntary extension) hold up?
August 1, 2025 at 10:46 AM
10/🔥 The legal issue:
The Protocol says migrants in Albania should be treated “as if” they were on Italian territory.
But EU asylum law formally applies within EU territory.
➡️ Does that legal fiction (voluntary extension) hold up?
The Protocol says migrants in Albania should be treated “as if” they were on Italian territory.
But EU asylum law formally applies within EU territory.
➡️ Does that legal fiction (voluntary extension) hold up?
9/🧑⚖️ Italy’s Court of Cassation asks:
1️⃣ Can migrants be transferred from 🇮🇹 CPRs to 🇦🇱 even without a real prospect of return?
2️⃣ If they seek asylum after transfer, can they still be detained?
1️⃣ Can migrants be transferred from 🇮🇹 CPRs to 🇦🇱 even without a real prospect of return?
2️⃣ If they seek asylum after transfer, can they still be detained?
August 1, 2025 at 10:46 AM
9/🧑⚖️ Italy’s Court of Cassation asks:
1️⃣ Can migrants be transferred from 🇮🇹 CPRs to 🇦🇱 even without a real prospect of return?
2️⃣ If they seek asylum after transfer, can they still be detained?
1️⃣ Can migrants be transferred from 🇮🇹 CPRs to 🇦🇱 even without a real prospect of return?
2️⃣ If they seek asylum after transfer, can they still be detained?
8/⏳But there’s more:
This judgment only covers Phase 1 of the 🇮🇹🇦🇱 model.
Phase 2, the transfer of detainees already in Italy to Albania, is being reviewed in a separate case pending before the EU Court.
This judgment only covers Phase 1 of the 🇮🇹🇦🇱 model.
Phase 2, the transfer of detainees already in Italy to Albania, is being reviewed in a separate case pending before the EU Court.
August 1, 2025 at 10:46 AM
8/⏳But there’s more:
This judgment only covers Phase 1 of the 🇮🇹🇦🇱 model.
Phase 2, the transfer of detainees already in Italy to Albania, is being reviewed in a separate case pending before the EU Court.
This judgment only covers Phase 1 of the 🇮🇹🇦🇱 model.
Phase 2, the transfer of detainees already in Italy to Albania, is being reviewed in a separate case pending before the EU Court.
7/ In fact, the future EU Regulation could make this even easier: ➡️ Accelerated border procedures will also apply to people from countries with a recognition rate below 20%, not just “safe” countries of origin.
August 1, 2025 at 10:46 AM
7/ In fact, the future EU Regulation could make this even easier: ➡️ Accelerated border procedures will also apply to people from countries with a recognition rate below 20%, not just “safe” countries of origin.
6/❓So, is the Italy-Albania deal dead? 👉 Not necessarily. The ruling doesn’t address Albania or external processing directly. So yes, transfers may still happen, if criteria are met today (meaning designation with no exceptions) or may resume in the future, once the APR enters into application.
August 1, 2025 at 10:46 AM
6/❓So, is the Italy-Albania deal dead? 👉 Not necessarily. The ruling doesn’t address Albania or external processing directly. So yes, transfers may still happen, if criteria are met today (meaning designation with no exceptions) or may resume in the future, once the APR enters into application.
5/👀 Importantly, the Court also looks to the upcoming Asylum Procedures Regulation, which (once in force) will:
Allow safe country designations by law;
Permit exceptions, both:
🔹 Personal (vulnerable groups), and
🔹 Territorial (unsafe regions).
Allow safe country designations by law;
Permit exceptions, both:
🔹 Personal (vulnerable groups), and
🔹 Territorial (unsafe regions).
August 1, 2025 at 10:46 AM
5/👀 Importantly, the Court also looks to the upcoming Asylum Procedures Regulation, which (once in force) will:
Allow safe country designations by law;
Permit exceptions, both:
🔹 Personal (vulnerable groups), and
🔹 Territorial (unsafe regions).
Allow safe country designations by law;
Permit exceptions, both:
🔹 Personal (vulnerable groups), and
🔹 Territorial (unsafe regions).
4/🧾 Applicants must have access to the sources used to justify the country’s safety. Judges must also have access, and may consider additional (reliable) sources. 🚫 No shortcuts or assumptions.
August 1, 2025 at 10:46 AM
4/🧾 Applicants must have access to the sources used to justify the country’s safety. Judges must also have access, and may consider additional (reliable) sources. 🚫 No shortcuts or assumptions.