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An Albanian court suspended the settlement agreement.  But the EU supports the Rome-Tirana Treaty

An Albanian court suspended the settlement agreement. But the EU supports the Rome-Tirana Treaty

Ursula von der Leyen not only promotes it with flying colours, but also refers to it as an example of “thinking outside the box” that could trigger new agreements between EU countries and third countries. However, on the same day, the Albanian Constitutional Court blocked it, preventing the Tirana parliament from debating and approving it. This is the strange, strange fate that the agreement signed by Georgia Maloney and Prime Minister Edi Rama meets.

The agreement provides for the opening of two reception centers in Albania intended to identify and repatriate migrants collected in international waters by our coast guard. But at this point parliamentary approval of the deal, which was due to be discussed today by Albanian representatives, could be suspended for at least three months.

Within this period the High Court of Tirana must evaluate the agreement’s compatibility with the Constitution and the international conventions that Albania adheres to. So the Rome-Tirana Treaty could also be overturned. In all of this, the truly curious aspect of the story is the ironic short circuit induced between Tirana and Brussels. A short circuit, where it is very difficult to understand what is legal and what is political.
Or – to put it with Giorgio Gaber – “what is right wing and left wing”.

On the one hand, indeed, the President of the EU Commission, i.e. one of the two main European officials, flatly rejects the theses of the Italian left. A leftist and Democratic party, as you may recall, defined the deal as “the new Guantanamo” and quoted Democratic Secretary of State Ellie Schlein as “a flagrant violation of international law, European law.”

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Contrary to what Ursula van der Leyen thinks, she praised the agreement between Rome and Tirana, summarizing the work of the Commission on Migration. “The operational agreement between Italy and Albania is an example of external thinking, based on fair responsibilities sharing with third countries, in accordance with obligations established by international and EU law.”

Quite a promotion. A promotion that will certainly not please a democratic party and the Italian left, accustomed to using Europe as a shield to attack the administration of Georgia Meloni. Instead, the Constitutional Court of Tirana contradicts the head of the European administration. The temporary block on the deal imposed by the High Court is based on two appeals by the opposition, which claims the deal violates the constitution and international conventions to which Albania is a party.

But here the intersection of politics and law is completely paradoxical. The two appeals accepted by the Tirana High Court, although fully following the theses of the Italian left, actually come from the line of opposition in Albania where Sali Perisha’s Democratic Party is traditionally aligned to the right.

So who is right? To understand this we must put politics aside and appeal not to Albanian law, but to European law. In this case Ursula van der Leyen and Georgia Meloni and Eddie Rama are firmly on the side of the agreement.

The opposition in Italy is talking about a sensational fool at the international level: “The Italy-Albania agreement not only undermines human rights, but is a dangerous mess that does not respect rules and international conventions. The Meloni government would do well to cancel it completely. In fact, it is a very significant waste of resources, men and Italian public money. It is an inclusive tool.” Pierfrancesco Majorino, head of migration policies at the PD secretariat, writes in a note. The Presidency of the Council did not comment on the decision of the Albanian Council, but reported that there was no delay in the implementation of the Memorandum.

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