Migration policies in the light of European cooperation: Balance between migration flow and integration? 26 February 2025

This activity aimed to discuss the policies of migration in Albania as part of the efforts towards European Union accession and particularly in the context of Chapter 24 “Justice, Freedom, Security”, organised by the European Movement in Albania, in collaboration with Bedër University College. In this regard, t analysed the Italy-Albania Protocol and the legal complexities, inter alia, consequential implications of it. 

Dr. Ada Güven, Head of Law Department at Bedër University College, moderated the event giving an introduction to the topic of migration and its relevance in today’s context internationally and specifically in Albania due to the recent Italy-Albania Protocol. She invited rector Prof. Dr. Gjergj Sinani to give the opening speech. The rector encouraged the audience to reflect on what it means to be European, highlighting the importance of a European spirit, of shared European values and of community. He argued that the alignment of legislation to fit the European Union laws needs to be complimented by these elements due to their crucial role in our path towards European integration. 

Prof. Assoc. Dr. Enkelejda Koka, Professor of Law at the University of Tirana, delivered a presentation on the legal aspects of migration, particularly irregular migration and migration at sea. She started by explaining the definition of irregular migration and by categorising the types of individuals which would fit the definition of irregular migrants. She highlighted how the regulatory measures on these migration flows present human rights challenges and emphasized the load falling on countries like Italy, Greece and Spain as entering points of the EU through the Central and Eastern Mediterranean routes. The main human rights challenges mentioned were safety of lives at sea, the identification of a safe place of disembarkation in a timely manner and access to asylum procedures. She delved into the concept of interception and the legal ramifications of it, highlighting the regulation of interception at the EU level. She further explained the state and extraterritorial jurisdiction and concluded that states’ reluctance to receive irregular migrants rescued at sea has directly contributed to the inconsistent application of certain terms in the relevant Conventions, giving rise to different national approaches to the irregular migration phenomenon.

Prof. Asoc. PhD.PhD. Denard Veshi, Professor of Law at Bedër University College, delved into the topic of the Italy-AlbaniaAgreement on the Management of Irregular Migration of November 2023. He started with a systematic interpretation of the protocol, analysing the main articles such as Article 2, 4, 19, 20 and 22 as well as focusing on Article 1 which pertains to state sovereignty and how it has been affected through this agreement. He compared the similarities between this protocol and the Pacific Solution, as well as the UK-Rwanda Agreement. Lastly, he analysed the different reactions to this agreement on a national, EU and international level, highlighting the human rights concerns that have risen due to it. The role of the Albanian Constitutional Court on this Agreement was considered and the legal basis for an intervention of this court was explored. This analysis resulted in the professor explaining that the Protocol is compatible with the Albanian Constitution according to Article 121. He concluded by stating that the Italo-Albanian Protocol is part of the trend to outsource the screening process of asylum seekers to third countries that are not members of the EU. This protocol represents more advantages in terms of impact on the psychology of ‘fake asylum seekers’, who will decide not to apply for international protection in Italy, rather than on the economic advantages of Italy, which has a high number of asylum seekers, or of Albania, which will benefit from the investments made by the Italian side after the expiry of the protocol. 

Nirvana Deliu, Policy Researcher at European Movement in Albania, introduced the audience to the current migration policies in Albania in the context of European integration. She started by explaining the process of European accession, defining the Copenhagen and Madrid Criteria and the concept of acquis and showcasing the transposition of the EU acquis into Albanian legislation. She focused on the new enlargement methodology employed by the European Union where the acquis chapters are grouped together into six clusters, prioritising the first cluster  as mandatory to start with. Chapter 24 concerning  “Justice, Freedom, Security” which migration policies fall under, is delved into and analysed through the European Union (Progress) Reports on Albanian accession efforts. Deliu after explaining the different phases of EU negotiations, proceeded to discuss where Albania stands in this process and the priorities put forward by the Albanian State concerning migration issues. The Rule of Law Roadmap is discussed as the document that paves the way for the reforms necessary for Albanian accession and its four main pillars are explained focusing on migration policies. She concludes by stating that Albania has made progress in the integration process regarding legal and irregular migration and that it is nearing halfway points. 

Prof. PhD. Gentjan Skara, Head of Law Department at Bedër University College delivered a speech on the main challenges Albania faces regarding migration policies and management. He mentioned that the first challenge is linked to the adoption of legislation, which is difficult to align with and internalize within the national legislative framework in accordance with the EU acquis. However, he stated that Albania also faces challenges related to the capacities and resources necessary for effectively and fully implementing this legislation, particularly in ensuring compliance with migration policies. Another challenge, according to Skara, is the lack of focus and policies on the integration of migrants in Albania. While the number of irregular migrants or asylum-seekers in the country is not very high, comprehensive policies should still be in place to ensure their swift integration into society, including the protection of their rights, such as access to healthcare, safety, education, and employment. Additionally, Skara identified security and border management as key issues, emphasizing the need for stronger inter-institutional cooperation and enhanced collaboration with neighbouring countries.

The discussions after such in depth and thought-provoking presentations were plentiful. The audience of students and academics was engaged and passionate, asking questions to the experts on their respective topics. The participants  were particularly interested in the ramifications of the Italy-Albania Protocol and the legal legitimacy of it. They thoroughly discussed the role of the Constitutional Court on the matter, the possible involvement of the president and had many questions on whether Albania had the legal mechanisms in place to guarantee these migrants the conditions necessary. They also engaged with the prospect of European Integration and inquired further explanations of Albania’s position, the possibility of opening new clusters and the feasibility of the reforms  set by the current government.