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The decision of the Constitutional Court that paves the way for the approval in the Assembly of the immigrants' agreement with Italy is clarified

2024-02-19 16:46:50Aktualitet SHKRUAR NGA REDAKSIA VOX
The decision of the Constitutional Court that paves the way for the approval in
Prime Ministers Edi Rama and Giorgia Meloni / In the background: the Constitutional Court

The decision of the Constitutional Court that paves the way for the signing in the Assembly of the agreement between Albania and Italy on the establishment of the camp in Gjadër for the reception of illegal immigrants has been clarified.

"We decided to declare the Protocol between the Council of Ministers of the Republic of Albania and the Government of the Italian Republic "For strengthening cooperation in the field of migration" in accordance with the Constitution and allowing its ratification by the Assembly.

This decision is immediately notified to the President, the Assembly and the Council of Ministers and is sent for publication in the Official Gazette.

This decision is final and enters into force on the day of its publication in the Official Gazette," the Constitutional Court concluded.

Excerpt from the decision:

In summary of the above arguments, the Court notes that although the de facto areas provided for in the Protocol on Migration will be used by the Italian authorities for the examination under Italian legislation of the asylum requests of migrants who intend to enter Italy, this does not avoid the responsibility of the authorities Albanian from the positive obligation vis-à-vis migrants.

This responsibility is sanctioned in the Constitution, as well as in international law binding on the Republic of Albania, which includes, but is not limited to, the ECHR and the Geneva Convention.

In this sense, the Migration Protocol does not limit the Albanian state in exercising its jurisdiction at the constitutional and convention level.

On the other hand, in terms of asylum requests, in terms of international obligations, no such obligation has arisen for the Albanian state as long as this jurisdiction is exercised over persons from the Italian state, as the state where illegal migrants arrive.

The task of examining the asylum requests of migrants seeking to enter the territory of the Republic of Italy belongs to the authorities of that state, which means that when it chooses to proceed outside its territory, it must necessarily exercise jurisdiction to fulfill the obligations international.

In other words, the jurisdiction of the Italian state is connected and comes due to the implementation of international conventions and the fulfillment of the obligations of the member states in terms of asylum issues.

In this aspect, due to the uniqueness of migrants regulated by the Protocol on Migration, the jurisdictions of the two countries that are party to it are complementary to each other, in the service of the fundamental rights of migrants.

Consequently, the Court considers that the Protocol on Migration is a bilateral agreement on the division of duties between the Albanian and Italian authorities on the issues of migrants and the subgroup of asylum seekers, which aims Decision of the Constitutional Court of Appeal: a group of 30 deputies of the Assembly of the Republic of Albania Page 23 to avoid a jurisdictional vacuum and responsibilities for their basic rights and freedoms, so the transfer of jurisdiction to the Italian authorities for the issues of migrants and asylum seekers was necessary.

In conclusion, the Court considers that the Migration Protocol does not change the territorial jurisdiction of the Albanian state in relation to the Constitution, ECHR and ratified international agreements.

In other words, the Albanian state continues to exercise its jurisdiction even during the time that the Migration Protocol will be applicable.

However, taking into consideration the uniqueness of the content of the Protocol on Migration, which allows that in a part of the Albanian territory, in addition to the Albanian jurisdiction, the jurisdiction of the Italian authorities is exercised exclusively for asylum issues, the Court considers that it is necessary to analyze more below also the validity of the powers of attorney for his connection.


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