Source: European Parliament
When Member States extend the application of national law implementing EU law to situations falling outside the scope of EU law, they must do it in a way that does not undermine or circumvent the application of harmonised rules or obligations under EU law.
As regards the initiative carried out by Italy following the signature of a protocol on migration management with Albania, the implementation of the protocol under Italian law must not undermine the Common European Asylum System or be detrimental to common EU rules.
Moreover, it needs to be complementary to the existing avenues to access asylum and cannot prevent the aims and objectives of EU law in this field, nor prejudice the rights and guarantees that persons in these situations must be afforded by Member States.
Based on the information available to the Commission, Italy’s initiative aims at transferring certain categories of third-country nationals intercepted in the high seas to centres in the Albanian territory, under Italian jurisdiction, to examine their applications for international protection. In case of rejection of such applications, Italy would carry out return procedures from these centres.
According to the Return Directive[1], a third-country national illegally staying on the territory of a Member State can be returned to his/her country of origin, to a country of transit in accordance with EU or bilateral readmission agreements or other arrangements, or to another third country to which the third-country national concerned voluntarily decides to return and where he/she will be accepted.
The Commission will continue to follow closely the implementation of the Italy-Albania protocol, monitoring in particular the correct application of EU law in this context.
- [1] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008.