The problems of the Rama-Meloni agreement with EU laws

2023-12-15 08:37:00, Aktualitet CNA

Catherine Woollard, Executive Director of the European Council for Refugees and Exiles, explains to DW the legal problems of the Rama-Meloni agreement for the establishment of reception centers for refugees in Albania.

The European Council for Refugees and Exiles, (ECRE - European Council on Refugees and Exiles) based in Brussels, has expressed reservations regarding a number of issues presented by the articles of the Rama-Meloni agreement. This protocol envisages the establishment of two reception centers in Albania for refugees from North Africa and the Middle East who are caught at sea, before they set foot on Italian soil.

The Constitutional Court of Albania decided (13.12.2023) to suspend the ratification of this agreement in Parliament. The two opposing factions of the DP, the largest opposition party in Albania, joined together by taking the Rama-Meloni agreement to the Constitutional Court to request control of its constitutionality.

Catherine Woollard, Executive Director of the European Council for Refugees and Exiles, (ECRE-European Council on Refugees and Exiles) thinks that there is very limited information in the articles of the agreement in question: "There are very few details about what will happen in the 2 reception centers set up in Albania, what is their purpose and how they will be managed. The agreement includes all the standard references to human rights, but there is no information on how these rights will be respected. The centers are under Italian jurisdiction in the Albanian territory rather according to the "Australian model" than that between Great Britain and Rwanda," says Catherine Woollard in an exclusive statement to DW.

What are the legal problems with this agreement?

"The current EU law does not allow the extraterritorial application of the asylum and return control process and border procedures. According to this law, this process must be carried out in Italian territory", Catherine Woollard tells DW.

She emphasizes that carrying out the control process and border procedures in the territory of Albania, "does not enable the guarantee of compliance with the procedures and violates the rights of the Charter of Fundamental Human Rights of the EU".

Is the use of automatic detention legal?

The Rama-Meloni agreement seems to provide for the automatic detention of refugees who will arrive at the reception centers in Albania. "This is illegal. The period of stay cannot be longer than that allowed by the legal framework in Italy. When it ends, they are not released in Albania, but leave the Albanian territory. Undoubtedly, from the description of the reception centers in the Rama-Meloni agreement, they are detention centers and will be considered as such according to national jurisprudence and that of the European Court of Human Rights. Apart from the need for an individual assessment, the other conditions - access to rights, health care, dignity - for a legal use of detention are unlikely to be met", Catherinë Woollard tells DW.

Are there violations of the International Law of the Sea?

The diversion of Search and Rescue operations towards Albania leaves room for violations of the International Law of the Sea.

"According to this law, there is a duty for rescued people to be transported and landed in a safe place. It is not clear whether Albania is a safe place, for example, for victims of trafficking, of which there are many among those rescued in the Mediterranean. It is also not clear that transporting them to Albania to be detained means they are in a safe place. Whereas according to the Search and Rescue Convention, people must be transported to the nearest place of safety." Catherine Woollard tells DW.

Are there challenges related to the national legislation of Albania?

"Yes, there may be legal challenges in Albania. Despite the claims in the Rama-Meloni agreement that these centers will be under Italian jurisdiction, Albanian law will continue to apply. Under international law, it is not possible for a State to cede jurisdiction over part of its territory for the purposes of this protocol. Albania is also affiliated with the European Court of Human Rights and has gradually adopted EU legislation including asylum. The people would be under Italian jurisdiction, they would be on Italian soil. They also remain under Albanian jurisdiction", Catherine Woollard tells DW.

Can Italy support Albania in the EU accession process?

In exchange for Albania's willingness to set up two reception centers on its territory for 36 thousand refugees per year, Italian Prime Minister Giorgia Meloni has declared that Italy will support Albania in the process of joining the EU.

"Italy promises what is not its gift to Albania. The agreement brings various financial and diplomatic benefits for Albania. It is a support for Albania's progress in the accession process, which is a policy led by the European Commission", says Catherine Woollard.

The claims of the two opposing DP factions and the suspension of the protocol by the Constitutional Court

The Constitutional Court of Albania decided (13.12.2023) to suspend the ratification in Parliament of the Rama-Meloni agreement, known as the "Protocol between the Council of Ministers of the Republic of Albania and the Government of the Italian Republic, for strengthening cooperation in the field of migration" .

The two DP factions claim that the Rama-Meloni agreement was reached "in a complete lack of transparency, in disregard of the negotiation and signing procedure." It is an agreement that affects the territory of Albania and fundamental rights, and as such requires the authorization of the President of the Republic."

According to the Government of Albania, the said protocol aims to strengthen bilateral cooperation for the management of migratory flows from third countries, in accordance with international and European law. The Albanian authorities allow the entry and stay in the Albanian territory of the refugees sheltered in the structures that will be built to carry out only the border or repatriation procedures.

Although the Council of Ministers of the Rama government has approved the Rama-Meloni agreement, its fate will be determined by the Constitutional Court on January 18, 2024./ DW