On 21 February 2024, Italy adopted Law No. 14/2024 ratifying and implementing the Protocol between the Government of the Italian Republic and the Council of Ministers of the Republic of Albania, signed in Rome on 6 November 2023. The Protocol establishes an unprecedented framework for cooperation about the management of migration flows across the Mediterranean by providing for the establishment of two Italian-run facilities in Albanian territory.
Under the agreement, certain migrants rescued by Italian authorities outside Albanian territorial waters may be transferred to Albania, where they are expected to undergo border procedures for international protection or, where applicable, pre-removal procedures. The facilities remain under Italian jurisdiction for the purposes of asylum and migration procedures, while Albania retains responsibility for external security and public order outside the centres. Unaccompanied minors, pregnant women and other categories of vulnerable persons are formally excluded from the scope of the Protocol.
The ratification represents a significant development in Italy’s migration policy, as it introduces a model of externalisation of asylum processing that differs from previous forms of bilateral cooperation on migration control. Rather than focusing on border surveillance or return cooperation, the Protocol envisages the conduct of Italian asylum procedures outside the national territory, while maintaining the application of Italian, European Union and international law.
From a legal perspective, the Protocol immediately attracted considerable attention. Scholars, practitioners and civil society organisations questioned its compatibility with the EU asylum acquis, particularly regarding the territorial scope of the common asylum system, the effective access to procedural guarantees, judicial protection and legal assistance, as well as compliance with the principle of non-refoulement. Further concerns were raised regarding the practical implementation of Italian jurisdiction in facilities located on the territory of a third country and the allocation of responsibilities between the Italian and Albanian authorities.