Source: European Parliament
Question for written answer E-001425/2025
to the Commission
Rule 144
Alessandro Zan (S&D), Cecilia Strada (S&D), Marco Tarquinio (S&D), Cristina Guarda (Verts/ALE), Sandro Ruotolo (S&D), Pina Picierno (S&D), Pierfrancesco Maran (S&D), Benedetta Scuderi (Verts/ALE), Elisabetta Gualmini (S&D), Leoluca Orlando (Verts/ALE), Alessandra Moretti (S&D), Mario Furore (The Left), Ignazio Roberto Marino (Verts/ALE), Mimmo Lucano (The Left), Giorgio Gori (S&D), Camilla Laureti (S&D), Brando Benifei (S&D), Annalisa Corrado (S&D), Giuseppe Lupo (S&D), Pasquale Tridico (The Left)
On 31 March 2025, the Commission’s spokesperson stated that the decision contained in the decree passed by the Italian Council of Ministers on 28.3.2025 to convert migrant centres in Albania into pre-removal detention centres (CPRs) was ‘in line with EU law’.
However, current relevant EU legislation[1] does not provide for any extra-territorial management of returns, thereby excluding the possibility of CPRs in third countries. Besides this, the legislation specifies that it is not possible to expel a third-country national against their wishes to a third country other than the country of origin or transit, in accordance with readmission agreements. Lastly, in 2018, the Commission excluded the possibility of there being return centres in non-EU countries.
Bearing in mind the primacy of EU law in the field of asylum and migration, the principles of legal certainty, legality, non-refoulement and the need to guarantee the right to asylum and standards relating to this, which are inalienable rights laid down in the EU Charter of Fundamental Rights – Articles 18, 20, 21 and 47 – can the Commission answer the following questions:
- 1.On the basis of which legal principle or legislative provision does it consider a decision such as this to be in line with EU law?
- 2.How can such a model be in line with the principles, rights and standards described above?
Submitted: 8.4.2025
- [1] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 lays down common standards and procedures applicable in Member States for returning illegally-staying third-country nationals.