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| Rama and Meloni after signing the agreement and the Constitutional Court of Albania in the background (montage) |
The Albanian Constitutional Court issued a decision today affirming that the agreement between Albania and Italy regarding migrants "is in accordance with the Constitution," thus clearing the path for its ratification by the parliament. The decision was reached by the majority of the 9 members of the Court.
Background
The highest judicial authority in the country was prompted to act following a request from a group of opposition deputies who argued that the protocol between the two countries violated the country's constitution and the Conventions on Human Rights to which Albania is a party. The court suspended parliamentary proceedings for its approval in December based on this request.
Details of the Agreement
The agreement, signed on November 6 of the previous year in Rome between Italian Prime Minister Giorgia Meloni and Albanian Prime Minister Edi Rama, involves migrants originating from North African countries intercepted at sea by Italian authorities. It envisions the establishment of two centers: the first in Shëngjin, where the verification procedures for migrants will be conducted, and the second in Gjadër, where individuals will be held in isolation until the completion of asylum acceptance or rejection procedures.
Court's Ruling
According to the opposition deputies, the agreement encroached upon Albania's sovereignty by relinquishing its rights over the territories where the reception centers were planned, requiring presidential authorization for negotiations. However, the Constitutional Court asserted that the protocol "does not establish territorial boundaries or alter the territorial integrity of the Republic of Albania, and, therefore, it does not constitute an agreement related to the territory in its physical aspect." The Court also emphasized that the Friendship and Cooperation Treaty of 1995 between Albania and Italy, which addresses migration issues, provided a sufficient basis for negotiating the protocol.
Key Observations
The court emphasized that the responsibilities outlined in the protocol fall under the jurisdiction of Albanian authorities and do not exclude the Albanian legal jurisdiction in the designated zones. The ruling countered claims that the agreement compromised the rights and freedoms of migrants, stating that the agreement did not introduce new constitutional rights or restrictions beyond those stipulated by Albanian law.
Reaction to the Decision
The parliamentary group leader of the Democratic Party, Gazmend Bardhi, one of the signatories of the appeal submitted to the Constitutional Court, criticized the decision, highlighting concerns about transparency and the lack of an advisory opinion from the European Court of Human Rights. Despite this, the decision allows for the resumption of parliamentary procedures for the ratification of the agreement with a simple majority vote.
Conclusion
The Constitutional Court's decision provides legal validation for the Albania-Italy migration agreement, emphasizing its constitutionality and paving the way for parliamentary ratification. The outcome is expected to have implications for the ongoing debate on migration policies and cooperation between the two nations.