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

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.