Easier migrant returns and a new (and broader) definition of safe third countries. These are two of the promises made by Ursula von der Leyen to the leaders of the Twenty-Seven. Two promises that meet Giorgia Meloni’s requests and which could pave the way for new pacts like those of Italy with Albania.
The letter
The President of the Commission sent her usual letter to the EU heads of state and government in view of tomorrow’s European Council (Thursday 19 December). In the letter von der Leyen made precise commitments on the reform of the concept of safe third country and on the so-called “repatriation hubs”, de facto deportation centers in nations outside the bloc. The message from the President of the Commission is in line with Meloni’s communications to the Chamber, and suggests a homogeneous action to stop irregular flows.
By the European Council in March the community executive should propose new rules on repatriations to make them “simpler, faster and more efficient”, explained von der Leyen. As for safe third countries, “we are accelerating”, the president explained, announcing that the EU could soon draw up its list. “We have already asked the EU Asylum Agency to speed up its analysis of specific third countries that could potentially be designated as safe countries of origin and safe third countries, with a view to drawing up EU lists,” he said .
Easier repatriations
The list is fundamental because, according to the new Pact on Migration, European countries will be able to repatriate irregular migrants not only to their countries of origin, but also to those of transit with which they may have a connection. This would therefore open up greater possibilities of expulsions, although the consent of the country that will have to welcome the migrants will always be necessary.
Turning point on migrants: how the rules change for those who land in Italy (and Europe)
And here possible agreements come into play such as those of Italy with Albania, which could be signed with other nations such as those in North Africa. Von der Leyen assured that there will be a change in the parameters for the definition of safe countries, making the definition more flexible. This could also include the change desired by Meloni according to which a country can be safe even if it is not safe in its entirety.
The consequences on the pact with Albania
The point is decisive because it has an impact on the judgment of the EU Court of Justice and therefore also that of national courts. The topic “has been the subject of recent judicial measures with an ideological flavor which, if they were confirmed in their underlying philosophy by the EU Court of Justice, would risk compromising repatriation policies at least until the entry into force of the new EU rules in 2026, a worrying and unacceptable prospect that must be prevented with determination”, attacked Meloni who has no intention of taking any steps backwards regarding the centers in Albania.
However, it is unlikely that the rules will have changed before spring 2025, when the ruling from the Court of Luxembourg is expected on the preliminary rulings from the courts of Rome, Bologna and Palermo which suspended the detention of migrants in Albania. Finally, also on the idea of repatriation hubs in safe third countries, von der Leyen appears to be in line with Meloni.
“We are evaluating how best to introduce the possibility of creating these hubs into the legal framework. We need to examine the legal, operational and practical aspects, as well as the financial implications of such hubs, while respecting fundamental rights and the principle of non-refoulement,” he said. wrote von der Leyen in his letter.
