Migrant transfers to Gjadri camp resume, but under a new decree

The Italian migration center in Gjadra is expected to receive its first group of migrants, following a new decree that redefined its function as a detention center only, sources told Euractiv .

Following the Italian government's decision on March 28 to repurpose one of Albania's migration centers into a full-fledged "repatriation detention center," the facility will now be used to receive migrants already present on Italian soil with a return order - an attempt to circumvent ongoing legal hurdles.

According to a list prepared by the Interior Ministry's migration department, the group to be transferred to Albania - possibly as early as this week - will include around 40 individuals, selected from various detention centers across Italy.

In cases where individuals are transferred from one detention center to another, there is no legal obligation to inform their lawyers or family members.

Initially, Italian-funded centers in Albania were set up to carry out rapid processing and deportation procedures for adult male migrants from so-called “safe countries” who had been rescued at sea. However, court decisions have so far blocked the full implementation of this model, hindering the centers’ operation.

While not located on Italian territory, the center will operate similarly to Italy's repatriation detention facilities - where irregular migrants can be held for up to 18 months pending identification and deportation.

Last week, the European Commission said it was aware of recent developments regarding the decree on the centers in Albania. According to the Commission, Italian national legislation would apply to these centers, "as has been the case so far with asylum."

"In principle, this is in line with EU law. We will continue to monitor the implementation of the protocol in its revised version and will remain in contact with the Italian authorities," a spokesman said.

According to the Italian Association for Legal Studies on Immigration (ASGI), the forced transfer of individuals already detained in repatriation centers across national borders marks "a paradigm shift", opening up "unprecedented scenarios in the European context".

The second facility in Shëngjin, with a capacity of over 800 people, will remain closed for the time being.

Its future now depends on a forthcoming ruling by the European Court of Justice, expected in May or June, which will decide whether fast-track procedures can legally be applied to migrants rescued at sea.

Before that, an opinion from the Advocate General of the ECJ - set to be delivered on Thursday - will provide a strong indication of how the court is likely to decide, even if it is not legally binding.