Italian Prime Minister Giorgia Meloni faced fierce criticism from opposition parties and human rights advocates over the weekend following the third rejection by Italian judges of her controversial plan to process asylum-seekers in Albania. The ruling, handed down by the Rome Court of Appeals on Friday, ordered the return of 43 African and South Asian migrants from a detention center in Gjadër, Albania, to the Italian port of Bari.

The court found that detaining rejected asylum-seekers in Albania was unlawful, citing concerns over the potential dangers in the migrants’ countries of origin, which rendered them ineligible for fast-track deportation programs. The ruling has prompted renewed calls for Meloni’s resignation and intensified debates over Italy’s handling of migration issues.

Meloni’s government had touted the Albania initiative as an innovative solution to Italy’s ongoing migration crisis, designed to expedite the processing of asylum claims and deport those with rejected applications. However, the plan has been met with repeated legal setbacks.

This latest court decision marks the third time in a year that Italian judges have blocked the detention of migrants in Albanian centers. In October and November, the Rome Court similarly halted the detention of groups of 12 and 7 migrants, respectively. Each time, judges deferred the final legal judgment to the European Court of Justice (ECJ), which is set to hear the case on February 25.

Opposition leaders and legal experts argue that the plan violates international legal norms and undermines Italy’s commitment to human rights.

Elly Schlein, leader of the Democratic Party, did not hold back in her criticism of the Prime Minister.

“Giorgia Meloni should resign,” Schlein told Italian media on Saturday. “The centers in Albania do not and will not work. They are a clamorous failure. The government has squandered roughly €1 billion on a project that is both inhumane and illegal.”

Riccardo Magi, leader of the liberal More Europe party, echoed Schlein’s sentiments, calling the ruling “the tombstone for the migration policies implemented by this government.”

According to Magi, the repeated court rulings demonstrate that the detention centers in Albania operate “in total illegality.”

Legal and Human Rights Concerns

The Rome Court of Appeals emphasized that the legal framework surrounding the Albania processing centers is fundamentally flawed. Under international asylum law, individuals cannot be detained or deported to third countries if their home nations are deemed unsafe.

The Italian government had sought to circumvent previous rulings by drafting a new list of 19 “safe” countries for repatriation, including Bangladesh and Egypt. However, legal experts and human rights organizations remain skeptical.

Francesca D’Antuono, a representative of Volt Europe, visited the Gjadër center late last year and expressed serious concerns about the government’s approach.

“The feeling is that the Italian government considers itself above the law,” D’Antuono said. “They make no distinction between their own political mandate, won through elections, and respect for the institutional architecture that underpins our democracy.”

D’Antuono warned of the broader implications of the case. “On February 25, the European court in Luxembourg will rule on the issue. We hope it will succeed in stemming the authoritarian turn that far-right governments in Europe are implementing.”

Meloni’s Defense and Government Strategy

Despite the mounting criticism, Meloni has defended the Albania plan as a necessary response to the pressures Italy faces from irregular migration across the Mediterranean. Her administration argues that the centers in Albania provide a legal and practical solution to process asylum claims more efficiently while alleviating the burden on Italy’s domestic facilities.

In December, the government reassigned jurisdiction over the matter from Rome’s immigration judges, who had previously opposed the transfers, to the Rome Appeals Court in an attempt to secure favorable rulings.

European Commission President Ursula von der Leyen praised the initiative as “an innovative solution,” urging other European Union member states to “draw lessons from the Italy-Albania protocol.”

Nevertheless, the plan has faced widespread criticism from legal experts and human rights organizations who view it as a dangerous precedent.

Wider Implications for European Migration Policy

The controversy surrounding Italy’s use of Albanian centers underscores broader tensions within the European Union over migration policy. As southern European states like Italy and Greece continue to grapple with large numbers of arrivals, disputes over burden-sharing and adherence to international legal norms have become more pronounced.

Meloni’s approach is seen by some as part of a growing trend among far-right governments in Europe to bypass traditional legal frameworks and international agreements.

However, human rights advocates warn that such moves erode democratic principles and undermine the rule of law.

The upcoming ECJ ruling will not only determine the fate of the Albanian centers but could also set a precedent for how EU member states handle third-country processing agreements in the future.

What’s Next?

The Italian government has vowed to continue its efforts to manage migration flows despite legal challenges. Interior Minister Matteo Piantedosi suggested that alternative strategies might be explored if the ECJ rules against Italy.

“We remain committed to protecting our borders and ensuring that migration is managed in an orderly and secure manner,” Piantedosi said.

As the February 25 ECJ hearing approaches, all eyes will be on Luxembourg to see whether the court will uphold the Italian judges’ decisions or pave the way for Meloni’s controversial policy to continue.

In the meantime, opposition leaders and civil society groups are determined to keep up the pressure on Meloni’s government.

For many, the case has become a litmus test for Italy’s commitment to democratic principles and the rule of law in the face of rising populist pressures.

As Schlein put it, “This is about more than just migration policy — it’s about the very soul of our democracy.”