Failure to validate detentions in Albania: towards a clarification by the CJEU

The article examines the Italy-Albania Protocol in light of the concept of a “safe third country” and the legal issues arising in its implementation. It traces an analysis of Regulation 2024/1348 and the recent case law of the Court of Justice of the European Union (CJEU), highlighting the tensions between Italian and European law. The contribution delves into the practical impact of the designation of safe third countries on the Italian system, dwelling, too, on the newly enacted Decree-Law 158/2024 (and its subsequent updates) and the regulatory developments that will culminate in the New Pact on Migration and Asylum. Finally, the limits and opportunities of the disapplication of administrative acts conflicting with European criteria are discussed, along with the role of the CJEU in resolving regulatory conflicts.