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Italy’s Supreme Court Pauses Migrant Detention Plan in Albania and Refers Dispute to EU Court

The Supreme Court’s referral to the European Court of Justice over doubts about EU law compliance halts further migrant transfers to Albania.

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Overview

  • The Cassazione reversed its earlier stance that equated Albania’s Gjader centre with Italian facilities and raised two preliminary questions on Decree 37/2025’s alignment with EU asylum and repatriation directives.
  • Two joined appeals from Rome’s appeal court on unvalidated detentions prompted the Supreme Court to seek a Luxembourg ruling on the plan’s legal compatibility.
  • Since the policy began, roughly 100 migrants have been transferred to Gjader, about 30 have been repatriated and around 50 remain detained under the programme.
  • The European Court of Justice is not expected to issue a binding decision before October, and lower courts have already suspended new transfers pending its ruling.
  • Fratelli d’Italia parliamentary leader Galeazzo Bignami has demanded clarification after details of the Cassazione’s decision appeared in the press before an official court statement.