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The Italy-Albania Protocol and European Union Law: a Complicated Relationship
12 March 2024

We would like to highlight the article by Eleonora Celoria (Researcher at FIERI) “The Italy-Albania Protocol and European Union Law: a Complicated Relationship” published in issue 1/2024 of the journal “Law, Immigration, and Citizenship.

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Abstract: The Italy-Albania Protocol, ratified by Law No. 14/24, allows Italy to examine applications for international protection on Albanian territory, but under Italian jurisdiction. The exercise of jurisdiction and the applicability of Italian law – which incorporates the relevant EU directives on asylum – to extraterritorial asylum processing carried out in Albania raises some novel questions relating to the relationship between domestic and European Union law. This contribution aims to investigate whether the system outlined by the Italy-Albania Protocol falls within the scope of application of EU law and whether it may compromise supranational objectives established for the purpose of creating a common european asylum system. After reconstructing the content of the Protocol and the ratification law, and referring to the case law of the Court of Justice, the essay suggests that a «functional link» between the procedures conducted in Albania and EU law can be identified. Such a link would bring the situation under examination within its scope of application and, consequently, require an evaluation of whether there are areas of inconsistency or incompatibility between the procedures provided for by the Protocol and primary and secondary Union law.

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The Italy-Albania Protocol and European Union Law: a Complicated Relationship
12 March 2024

We would like to highlight the article by Eleonora Celoria (Researcher at FIERI) “The Italy-Albania Protocol and European Union Law: a Complicated Relationship” published in issue 1/2024 of the journal “Law, Immigration, and Citizenship.

Download the article

Abstract: The Italy-Albania Protocol, ratified by Law No. 14/24, allows Italy to examine applications for international protection on Albanian territory, but under Italian jurisdiction. The exercise of jurisdiction and the applicability of Italian law – which incorporates the relevant EU directives on asylum – to extraterritorial asylum processing carried out in Albania raises some novel questions relating to the relationship between domestic and European Union law. This contribution aims to investigate whether the system outlined by the Italy-Albania Protocol falls within the scope of application of EU law and whether it may compromise supranational objectives established for the purpose of creating a common european asylum system. After reconstructing the content of the Protocol and the ratification law, and referring to the case law of the Court of Justice, the essay suggests that a «functional link» between the procedures conducted in Albania and EU law can be identified. Such a link would bring the situation under examination within its scope of application and, consequently, require an evaluation of whether there are areas of inconsistency or incompatibility between the procedures provided for by the Protocol and primary and secondary Union law.

edited by:
THEMATIC AREAS
PROJECT
TAG
Nessun tag disponibile
The Italy-Albania Protocol and European Union Law: a Complicated Relationship
12 March 2024

We would like to highlight the article by Eleonora Celoria (Researcher at FIERI) “The Italy-Albania Protocol and European Union Law: a Complicated Relationship” published in issue 1/2024 of the journal “Law, Immigration, and Citizenship.

Download the article

Abstract: The Italy-Albania Protocol, ratified by Law No. 14/24, allows Italy to examine applications for international protection on Albanian territory, but under Italian jurisdiction. The exercise of jurisdiction and the applicability of Italian law – which incorporates the relevant EU directives on asylum – to extraterritorial asylum processing carried out in Albania raises some novel questions relating to the relationship between domestic and European Union law. This contribution aims to investigate whether the system outlined by the Italy-Albania Protocol falls within the scope of application of EU law and whether it may compromise supranational objectives established for the purpose of creating a common european asylum system. After reconstructing the content of the Protocol and the ratification law, and referring to the case law of the Court of Justice, the essay suggests that a «functional link» between the procedures conducted in Albania and EU law can be identified. Such a link would bring the situation under examination within its scope of application and, consequently, require an evaluation of whether there are areas of inconsistency or incompatibility between the procedures provided for by the Protocol and primary and secondary Union law.

edited by:
THEMATIC AREAS
PROJECT
TAG
Nessun tag disponibile
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