The decision could be a stumbling block in the path of Giorgia Meloni's policies against irregular immigration and repatriation centers created in Albania.

Now, the Italian Prime Minister's government is hoping the new regulations on repatriations that the EU is currently working on will pass.

For now though, an August 1 ruling by the European Court of Justice (ECJ) in Luxembourg was clear: a government of an EU member state can by law define a third country to repatriate migrants to as "safe" but only so long as it is subjected to a judicial assessment.

Until the entrance into law of new EU regulations that will be part of the Pact for Migration, on June 12 next year, no country can be considered safe unless it guarantees protection for the entire population: that it is safe in all of its territory and that it does not discriminate against individual categories of people or minorities.

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Meloni claims EU court out of its jurisdiction

The Italian prime minister issued a statement immediately after the decision, accusing the European Court of claiming "spaces that are not under its jurisdiction" and of giving national judges the power over not only individual cases but also the entire area of repatriations and deportations of irregular immigrants, which she considers a "political" prerogative.

Nonetheless, the Italian government stressed that centers in Albania "will continue to operate" as repatriation centers, as they have been for months.

Since April, the Gjader repatriation center in Albania has been accepting migrants detained in similar centers in Italy, while the one for asylum seekers undergoing a fast-track border procedure -- the focus of the ruling -- is for the moment inactive.

The Meloni government is now aiming to shift as soon as possible to EU reform on "safe countries" to limit the impact of the EU Court of Justice and put the "Albania model" back on safe ground.

Read AlsoItaly: Lower House greenlights Albania repatriation center decree

Reforms proposed

The reform in question, put forward by the European Commission on May 20, modifies by extending the current perimeter of "safe countries of origin," thus aiming to "reduce pressure" on reception systems.

If passed, countries should be able to deport asylum seekers more easily (even to non-EU countries) and obtain a greater level of latitude individual states to draft their own lists.

Under the reform, the fact that someone had transited through a country considered safe can be enough to rule that their asylum requests are inadmissible.

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Uncertain future?

Italy hopes that the regulations can be introduced by the end of the year. On this front, Meloni can count not only on European Commission president Ursula von der Leyen as well as other 'hawks' (those either who are on the right of politics, or who have tougher migration policies, normally associated with right-wing parties) on the migration issue.

Among them since December has been Friedrich Merz's Germany and the country currently holding the EU presidency, Denmark.

The European Commission aims to complete the procedure by December but a qualified majority is needed within the European Council to actually pass it.

The new regulation will also have to be approved by the European Parliament, where the level of support for the EU's executive branch and von der Leyen is at an historic low.

"The ruling by the European court goes against the designation of safe third countries, the list of which was recently adopted by the European Commission," claimed Carlo Fidanza, head of the delegation of Brothers of Italy-ECR at the European Parliament.

"This list includes obviously also Bangladesh." That country is particularly under the spotlight in Italy, as it is from there that most of the migrants landing on Italian shores originate from.

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