The implementation of a protocol
between Rome and Tirana for the fast-track processing of asylum
seekers at Italian-run centres in Albania can't compromise the
European common asylum system nor negatively impact EU law, the
Commissioner for Internal Affairs and Migration Magnus Brunner
said on Wednesday.
The implementation of the deal between Italy and Albania "must
complement existing access routes to asylum and cannot get in
the way of the aims and objectives of EU law in this context,
nor harm the rights and guarantees which member States need to
grant people in such situations", Brunner wrote in response to a
parliamentary inquiry filed by MEPs from the progressive
Democratic Party (PD), Green-Left Alliance (AVS) and Five-Star
Movement (M5S).
"The Commission will continue to follow the implementation of
the protocol closely", he explained.
The scheme has so far been stymied by Italy's courts.
Italian judges refused to validate the detention of the first
three groups of asylum seekers taken to Albania back in October
and November as well as last month, referring their cases to the
European Court of Justice - which had established on October 4
that an applicant could not go through a fast-track procedure
that could lead to their repatriation if their country of
provenance was not deemed wholly safe.
The countries of origin in the cases, Bangladesh and Egypt, were
not judged to be wholly safe across their territory and for all
categories of citizens.
The government has tried to get around this hurdle with a
measure listing 19 safe countries for repatriation.
They included both Bangladesh and Egypt.
However, after the decree was approved in December, Italian
juddges have asked the ECJ which parameter should be used when
determining safety and whether the principle of the primacy of
EU law should prevail if a conflict arises with Italian
legislation.
While provisionally asserting the primacy of Italian ministers
on deciding safe countries for migrant repatriation from the new
processing centres in Albania, the supreme Court of Cassation in
December said the matter must await a ruling expected by the
European Court of Justice.
The European Court of Justice is set to rule on the Italian
courts' referrals on February 25.
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