EU Court Adviser Finds Italy-Albania Migrant Deal Compatible with EU Rules

BRUSSELS — An adviser to the European Union's top court stated on April 23, 2026, that Italy's agreement to send migrants to Albania for asylum processing is compatible in principle with EU rules. The opinion from Advocate General Nicholas Emiliou provides support for the policy, which has been challenged in courts.

Emiliou said the agreement meets EU rules on return and asylum procedures as long as migrants' individual rights and guarantees under the European asylum system are fully maintained.

the Agreement Italy signed the deal with Albania in 2023.

The scheme involves transferring migrants to Albania while their asylum claims are processed. The program stalled shortly after launch when Italian courts ordered the return of migrants to Italy, citing concerns over EU law compliance. In 2025, Rome’s Court of Appeal rejected detention orders in two cases, leading Italian authorities to appeal to the country's top appeals court.

That court referred legal questions to the Court of Justice of the European Union (CJEU). The CJEU has not announced a ruling date, but its judges typically follow the advocate general's opinions, though they are not binding.

Minister Giorgia Meloni stated that the opinion confirms the validity of the approach. She noted on X that it shows the cost of two years lost due to judicial interpretations. Meloni had previously announced in November that the Albanian migrant centers would become operational from mid-2026, coinciding with new EU migration and asylum rules.

Several other European countries have considered the Italy-Albania deal as a potential model and have monitored its legal progress.

“An important piece of news, which confirms the validity of the path we have indicated and how much two years lost have cost Italy due to forced and unfounded judicial interpretations.”