Il trattenimento dello straniero in Albania ex art. 14 d.lgs. 286/1998 alla luce delle nuove norme del decreto-legge n. 37 del 2025

cherchi roberto

2025-01-01

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Abstract

Decree-Law 37/2025, which enables the transfer of foreign nationals from Italian CPRs to detention facilities in Albania, presents several critical issues. The criteria for exercising this power are not specified. Furthermore, detention in Albania affects the exercise of certain fundamental rights. The Court of Cassation has asked the Court of Justice whether this legislation complies with the European ‘Return’ Directive. Alternatively, it has asked whether the rule excluding the return to Italy of foreigners who have applied for international protection in Albania is compatible with Article 9 of the ‘Procedures’ Directive, which allows foreigners to remain in the territory of the State after submitting an asylum application. The answer to the two questions seems to depend on the plausibility of the ‘fiction of territoriality’, which, according to the author, should be ruled out because it conflicts with established principles of international law, European Union law and the Constitution.