Only migrants that have been taken on board ships of the Italian authorities in non-EU waters will be able to be transported to designated areas in Albania.

This is stated in a draft law passed by the Italian Cabinet on December 5. The legislation is crucial for implementing a Memorandum of Understanding (MoU) signed by Italian Prime Minister Giorgia Meloni and her Albanian counterpart Edi Rama.

The unprecedented project will have to take into account both European and international law.

In recent weeks, the location where individuals are rescued at sea has been emphasized by the European Union in Brussels.

If the rescue is carried out in international waters, EU asylum rights regulations do not apply and Italy could transport migrants to another country.

Also read: Albanian opposition attacks Rama's deal with Italy

€30 million for facilities at Shengjin, Gjader

In the draft law that went before the Cabinet, costs were estimated at approximately €87 million beginning in 2024. However, the total amount had not been specified in writing.

Government sources say that the amount will in any case be less than 200 million per year.

Foreign Minister Antonio Tajani said that this money would be "well spent to deal with irregular immigration." He said that he hoped that the procedure would go smoothly in parliament, where opposition groups are expected to take issue with the bill.

About €30 million are expected to be allocated to the building of two facilities in the Shengjin port opposite Bari and in the Gjader area further inland. The facilities will be considered "border or transit zones".

For the first, which the draft law considers a hotspot, a perimeter of about 240 meters will be created with a four-meter-high external fence.

The other will have a surface area of 77,700 square meters and will include a center for the repatriation of migrants where assessments will be made as to whether those arriving meet requirements for international protection or whether they should be repatriated.

In this area, there are currently 10 buildings that were referred to as "dilapidated" in the MoU.

Also read: Italy: Parliament to ratify Albania deal to process asylum seekers

Italian jurisdiction in Shengjin port and Gjader area

The draft law stipulates that Italian jurisdiction will be applied inside. The authorities will be the Rome prefect's office and the Rome police headquarters, where there will be up to five specific sections of the territorial commission for the recognition of international protection.

The Rome court will be responsible for any appeals from the migrants held in the facilities.

In the case of crimes, the Rome judiciary will be responsible, with hearings at a distance and ad hoc facilities for taking suspects into custody.

The draft law states that this ensures that migrants' rights will be respected in line with Italian and European law, according to a Cabinet press release.

Those in charge of the facilities have the responsibility to ensure the timely and full respect of migrants' right to legal counsel, including the right to speak to their lawyer privately using audiovisual means.

The defense lawyer will take part in the hearings and any exchange of documents will be through certified email.

"Only in exceptional cases," the press release continued, will it be possible to transfer migrants from Albanian facilities to others in Italy. In any case, the status assigned and procedure would continue.

"Europe looks on this favorably and, as has been stated, it is in line with international and European law," commented Interior Minister Matteo Piantedosi.

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