The Italy–Albania Protocol: A new model of border-shifting within the EU and its compatibility with Union law

This article critically examines the extraterritorial asylum processing model established by the Italy–Albania deal, arguing that it departs from traditional EU externalization strategies and presents new legal challenges. By analysing the criteria used by the EU Court of Justice to determine whether situations not explicitly regulated by EU law fall within its scope, the article shows that the examination of asylum claims in Albania could trigger the applicability of Union law, despite the territorial limitations of much of EU secondary legislation in the area of asylum. It further explores how this system may undermine the effectiveness and integrity of the CEAS and violate certain provisions of the Charter. The article concludes by advocating for CJEU intervention to clarify the relationship between extraterritorial asylum procedures and EU law, ensuring legal certainty and the consistent application of Union law.

Authors

Institutions

Publication Details

Journal
Maastricht Journal of European and Comparative Law
Published
2024-10-01
DOI
https://doi.org/10.1177/1023263x241309601
Citations
2
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
4.46

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Italy–Albania Protocol: A new model of border-shifting within the EU and its compatibility with Union law

Eleonora Celoria, Andreina De Leo
2 citations
Maastricht Journal of European and Comparative Law
European Criminal Justice and Data Protection
4.46
article

The Italy–Albania Protocol: A new model of border-shifting within the EU and its compatibility with Union law

Eleonora Celoria, Andreina De Leo
article en
2 citations

Abstract

This article critically examines the extraterritorial asylum processing model established by the Italy–Albania deal, arguing that it departs from traditional EU externalization strategies and presents new legal challenges. By analysing the criteria used by the EU Court of Justice to determine whether situations not explicitly regulated by EU law fall within its scope, the article shows that the examination of asylum claims in Albania could trigger the applicability of Union law, despite the territorial limitations of much of EU secondary legislation in the area of asylum. It further explores how this system may undermine the effectiveness and integrity of the CEAS and violate certain provisions of the Charter. The article concludes by advocating for CJEU intervention to clarify the relationship between extraterritorial asylum procedures and EU law, ensuring legal certainty and the consistent application of Union law.

Maastricht Journal of European and Comparative LawVol. 31(5)
Maastricht University (NL), University of Turin (IT)
H2020 Marie Skłodowska-Curie Actions
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
European Criminal Justice and Data Protection
4.46
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.