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1. Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows

Author:
Rrezart Bushati and Emanuela Furramani
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The recent Memorandum of Understanding concluded between Italy and Albania for cooperation in the migration field has caused strong criticism. This agreement has raised many doubts regarding its compliance with the Albanian Constitution, specifically concerning the procedure required for concluding international agreements relating to the concession of the territory to foreign powers and the protection of human rights. Recently, the Albanian Constitutional Court decided that the Protocol does not violate the Constitution. This study aims to highlight the critical issues related to fundamental rights protection, particularly regarding the issue of which state will be responsible for human rights protection according to the ECHR. Another profile to consider is the determination of Albania as a safe place, considering that the agreement aims to transfer people rescued in international waters by Italian military vessels into Albanian territory.
Topic:
Human Rights, Migration, Treaties and Agreements, and Search and Rescue
Political Geography:
Europe, Albania, and Italy

2. Containing the Containment: Using Art. 16 ASR to Overcome Accountability Gaps in Delegated Migration Control

Author:
Almut Möller
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
When the European Court of Human Rights found Italy responsible for push-backs on the high seas in Hirsi Jamaa based on Italy’s effective control over the individuals, it simultaneously solidified the concept of jurisdiction as a prerequisite of human rights obligations and provided States with deeper knowledge on how to avoid responsibility. Since then, instead of pushing the migrants back themselves, destination States increasingly delegate the task of migration control to third States. Under the guise of “capacity building”, they fund, train, and equip third States to exercise containment measures and carry out pull-backs. By way of bilateral agreements, destination States remain in control of the migration flow while avoiding any direct contact with the migrants that would trigger their human rights obligations. One example for this is the Italian-Libyan cooperation under the 2017 Memorandum of Understanding, which was renewed in 2020. Migrants intercepted by Libya are systematically detained in prisons under horrific conditions, which is in clear violation of their human rights. The present article explores ways to allocate responsibility on destination States for their involvement in those human rights violations notwithstanding the lack of jurisdiction. In particular, the article deals with the question whether the general international law of State responsibility is applicable alongside international human rights law. Responsibility for complicity, as lined out in Art. 16 of the Articles on State Responsibility for Internationally Wrongful Acts, is compared to the concept of due diligence obligations in international human rights law, dismissing the claim that the latter poses lex specialis. Subsequently, Art. 16 ASR’s substantive requirements are applied to the case study in order to test the provision’s capability to overcome the accountability gap.
Topic:
Human Rights, International Law, Migration, Accountability, and European Court of Human Rights (ECtHR)
Political Geography:
Europe, Libya, and Italy

3. Italy’s Migration Policies Amidst Climate Change: An Assessment

Author:
Chiara Scissa
Publication Date:
08-2024
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Since the 1990s, Italy has progressively become a country of destination for migration movements especially from Africa and South Asia. In 2022, Italy received a total of 84,289 claims for international protection. The main nationalities of origin were Bangladesh, Pakistan, Egypt, Tunisia and Nigeria.[1] The causes of migration are multiple and complex, and could refer to political, economic, social and/or cultural grounds. Yet, and not without hurdles, another relevant factor that contributes to driving people to move to a different country has started to emerge: climate change (and its related impacts on disasters, environmental degradation and other environmental factors). Although the nexus between climate change and migration is complex to define and to identify, it is relevant to note that many protection-seekers in Italy come from countries most exposed to climate change that, in certain cases, may have played a role either in directly shaping migration movements or in exacerbating more proximate causes of migration, such as worsening conflicts over scarce resources, violence, poverty or discrimination dynamics in the aftermath of a disaster.[2] Against this backdrop, in the following, I will first examine how the climate change-migration nexus has been approached by the Italian legal system, to then move to the Meloni government’s political strategy in the field of migration governance, followed by an assessment of their respective efficacy.
Topic:
Foreign Policy, Climate Change, and Migration
Political Geography:
Africa, Europe, and Italy

4. The Italy-Albania Agreement on Migration: From the Fiction of Non-Entry to Functional Entry

Author:
Carlotta Giordani
Publication Date:
06-2024
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The Italy-Albania protocol on migration should be seen as a policy that seeks to fill the gaps between the current EU migration management efforts and existing solidarity mechanisms. The policy brief examines the protocol between Italy and Albania. It briefly touches on the enlargement process and the relationship between Italy and Albania as the foundation for the development of the agreement between the two countries. It then moves on to discuss the content of the protocol, and offers a critical examination of its significance, namely the rescaling of sovereignty through ‘functional territoriality’ to overcome structural gaps in existing mechanisms. The Italy-Albania Protocol ratified by Law No. 14/24 allows Italy to examine applications for international protection on Albanian territory, but under Italian jurisdiction The agreement applies only to migrants intercepted by Italian vessels in the Mediterranean, not those who arrived on Italian soil first The Protocol can be considered an entry point to new approaches to territoriality. It will contribute to consolidate the legal fiction of non-entry and will contribute to the introduction of new mechanisms based on a functional extraterritoriality. The Protocol establishes a “functional territoriality”, since Italian law is being applied in an extraterritorial space It legally requalifies the notion of territory based on a fictio iuris aimed at equating areas belonging to the Albanian state to Italian border areas. The Protocol configures Albania as a mere supporting State, functional in the sense that it provides the space in which asylum seekers’ applications will be examined by the Italian authorities.
Topic:
Migration, Treaties and Agreements, European Union, and Regional Integration
Political Geography:
Europe, Albania, and Italy

5. Gas for Survival: Tackling reasons behind the Italian PM's efforts to promote relations with Libya

Author:
FARAS
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Future for Advanced Research and Studies (FARAS)
Abstract:
Italian PM Giorgia Meloni visited Libya on January 28, where she met with Abdul Hamid al-Dbeibeh, PM of the outgoing government of national unity. The two leaders signed a new gas deal which has proved controversial.
Topic:
Migration, Gas, Energy, and Government of National Unity (GNU)
Political Geography:
Europe, Middle East, Libya, and Italy

6. 187.6 km to Europe: from Sfax to Lampedusa and the new ‘migration crisis’ in the Central Mediterranean

Author:
Angeliki Dimitriadi
Publication Date:
10-2023
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Tunisia is the main departure point to Italy in 2023 for West Africans and sub-Saharan Africans. Socio-economic conditions, food shortages, and poor governance are key factors in Tunisian migration. The absence of an asylum and migration system is a critical factor in the transit of asylum seekers to Europe. Comparisons with the 2011 crisis reveal lessons learnt, with Italy taking a more proactive stance. Europe is divided but also united: divided in its member states’ initial reactions; united in its persistent deployment of a toolbox that has yielded only limited results to date.
Topic:
Migration, Refugees, Borders, and Crisis Management
Political Geography:
Europe, Italy, Tunisia, Mediterranean, and Central Mediterranean

7. Giorgia Meloni’s Italy and Europe: Ambitions and Realities

Author:
Nathalie Tocci and Leo Goretti
Publication Date:
09-2023
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
In autumn 2022, the electoral victory of the right-centre coalition led by Giorgia Meloni’s Fratelli d’Italia (FdI, Brothers of Italy) and the subsequent establishment of her government caused scepticism and apprehension among international commentators. Concerns stemmed not only from it being the first administration in the history of post-war Italy whose majority partner, FdI, is rooted in the post-fascist tradition; more concretely, the inclusion within the coalition of parties such as Matteo Salvini’s Lega (League) and Silvio Berlusconi’s Forza Italia (Come on Italy), which had entertained political and personal relations with Vladimir Putin’s Russia prior to the invasion of Ukraine, raised doubts about Italy’s continuing support for Kyiv and the Western coalition. In reality, unwavering Atlanticist and pro-Ukraine views were repeatedly voiced by Meloni during the election campaign already, and – apart from a few unfortunate remarks by single individuals – this stance has been unambiguously upheld by the new government since it took office, as sealed by the Prime Minister’s visit to Kyiv in February and to Washington in July 2023.[1] A more complex picture emerges regarding relations with the European Union and European partners. Historically, in the post-war period, European integration has been a crucial dimension of Italy’s foreign policy, along with Atlanticism and strong support for multilateralism. Rome was one of the founders of the European communities, and European integration was long seen by ruling and opposition parties alike as key to Italy’s economic, cultural and social modernisation. Since the 1990s, however, criticism of the European project began to emerge in Italy, especially among the new centre-right parties, which developed a so-called “Euro-realist” approach when in government, whereby Italy’s national interest would not necessarily coincide with deeper European integration.[2] Outright Euroscepticism became more apparent since the Eurozone and migration “crises” of the 2010s, leading to the emergence of so-called “sovereigntist” narratives depicting the EU as an “antagonist”, which found resonance especially among populist parties.[3] This narrative, however, lost momentum as a result of the unprecedented level of funding granted to Italy through the NextGenerationEU programme in response to the Covid-19 pandemic. In the aftermath of the 2022 election, managing relations with Europe was thus a crucial task for the newly elected Italian government.
Topic:
Foreign Policy, Migration, Political Parties, and Giorgia Meloni
Political Geography:
Europe and Italy

8. Giorgia Meloni’s Foreign Policy and the Mattei Plan for Africa: Balancing Development and Migration Concerns

Author:
Karim Mezran and Alissa Pavia
Publication Date:
07-2023
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Despite Italy’s economic significance as the Eurozone’s third-largest economy and founding member of the G7 and NATO, the country has struggled to translate its economic power into political influence. Yet, with Giorgia Meloni’s ascent to power, Italy’s approach to foreign policy appears to be evolving. In fact, since the very beginning of her term, Meloni displayed a rather bold approach towards reshaping Italy’s international status. As the President of the Council of Ministers – analogous to the post of Prime Minister in other countries – Meloni has adopted a distinct posture in addressing issues related to the Southern Mediterranean. Since taking office in October 2022, Meloni has made numerous visits to North Africa, engaging in a diplomatic offensive aimed at reinvigorating Italian policies. In January this year, following in the footsteps of former Prime Minister Mario Draghi, Meloni travelled to Algeria on her first bilateral visit abroad. Algeria is an instrumental country for Italy due to its vast hydrocarbon reserves and geographical proximity.[1] In 2022, Draghi paved the way for Algeria to become Italy’s top energy supplier, replacing Russia and thus allowing for a swift decoupling from Moscow as the Ukraine war rages on and energy prices continue to soar. Meloni’s posture in Algeria seeks to evidence her willingness to move beyond a mere set of energy memorandums and broaden Italy’s foreign policy to include strategic diplomacy with long-term goals. She described Algeria as Italy’s “most stable, strategic and long-standing” partner in North Africa,[2] and reassured President Tebboune that Italy stands by Algeria. The country has recently felt cornered following Morocco’s joining of the Abraham Accords, a feeling few other countries aside from Italy had the courage to assuage and which had pushed Algeria further towards Russia and China as a result. Meloni’s activism in North Africa did not end there. The prime minister and her cabinet promoted high-level missions and diplomatic efforts with Libyan government officials, allowing Italy to reap diplomatic wins in the energy field. In January, a few weeks after visiting Algeria, Meloni flew to Tripoli for a meeting with Libya’s UN-backed Prime Minister Abdul Hamid Dbeibeh. The visit led to the signing of an 8 billion US dollars gas deal between Italian energy company Eni and Libya’s National Oil Corporation (NOC).[3]
Topic:
Foreign Policy, Development, Migration, and Giorgia Meloni
Political Geography:
Africa, Libya, Algeria, and Italy

9. Factsheet: Giorgia Meloni

Author:
Bridge Initiative Team
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
The Bridge Initiative, Georgetown University
Abstract:
Giorgia Meloni was elected Prime Minister of Italy in 2022. In 2012, she co-founded the neo-fascist Fratelli d’Italia (Brothers of Italy), which she has been leading since 2014. Since 2020, she has been the president of the European Conservatives and Reformists Party (ECR). Meloni is known for making many anti-Muslim comments during her election campaigns.
Topic:
Migration, Islamophobia, Far Right, Muslims, Giorgia Meloni, and Alt-Right
Political Geography:
Europe and Italy

10. Italy’s Far-Right and the Migration Debate: Implications for Europe

Author:
Julian M. Campisi and Cecilia Emma Sottilotta
Publication Date:
09-2022
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Following the collapse of Mario Draghi’s national unity government in July, Italy is set to elect a new parliament on 25 September 2022, the first general election since 2018. Grappling with a myriad of socio-economic and energy challenges, the next government will face significant hardship in turning the tide, with Italy widely expected to be governed by a right-wing conservative government at a time when all indications point to Italy moving into recession in 2023. A conservative coalition of far- and centre-right parties, led by Brothers of Italy (Fratelli d’Italia – FdI), the League (Lega) and Go Italy (Forza Italia) party, is expected to win a significant majority of seats in parliament. While Russia’s invasion of Ukraine and the ensuing inflation and energy crisis have dominated the electoral campaign, other issues should not be overlooked, not least in light of their impact on domestic politics as well as broader Italy–EU relations.
Topic:
Foreign Policy, Migration, Elections, Far Right, Political Parties, and Domestic Policy
Political Geography:
Europe and Italy