Italy’s prime minister, Giorgia Meloni, is scrambling to pass new legislation after a court ruling threatened to derail a controversial deal with Albania aimed at deterring migrant arrivals. The ruling, which cast doubt on the feasibility of EU plans for migrant processing centers outside the bloc, has sparked a heated political battle between the government and the judiciary.

Court Ruling Threatens Migrant Deal

On Friday, a Rome court ordered the return of 12 asylum seekers from Albania to Italy. These individuals were among the first group of 16 men transferred to a new migration hub in Gjadër under an agreement between Meloni and Albanian Prime Minister Edi Rama. The hub was designed to hold men intercepted in international waters attempting to cross from Africa to Europe.

Four of the initial group were already sent back to Italy on Thursday, including two minors and two deemed vulnerable. However, the court’s decision to return the remaining 12 has dealt a significant blow to Meloni’s initiative, which has been criticized by aid workers and opposition groups as a “complete failure” and a “financial disaster.”

Clash Over “Safe Countries” Definition

The dispute centers on the definition of “safe countries of origin” for migrants. Italy considers Egypt and Bangladesh, the countries of origin of the 16 asylum seekers, as safe and therefore eligible for repatriation. However, the judges ruled that the men could face violence if returned, upholding a previous European Court of Justice ruling.

EU law prioritizes the safety of asylum seekers and states that a country cannot be deemed entirely safe if any part of it is considered insecure. This ruling directly challenges Italy’s government position.

Meloni’s Response: New Law and Judicial Criticism

Meloni’s far-right Brothers of Italy party condemned the ruling, accusing “politicised magistrates” of attempting to abolish Italy’s borders. Justice Minister Carlo Nordio also criticized the judges, stating that the definition of a safe country should not be determined by the judiciary.

In response to the ruling, Meloni’s government plans to introduce a new decree to create a revised list of “safe countries” that can be updated every six months. The decree would also allow a court of appeal to reconsider rulings that order the transfer of asylum seekers to Italy. This move appears aimed at circumventing international law and giving the government more control over migration policy.

Escalating Tensions

The conflict escalated further when Meloni published excerpts on social media of a letter from a prosecutor warning that she was “stronger and much more dangerous” than former Prime Minister Silvio Berlusconi, who frequently clashed with the judiciary. Critics pointed out that Meloni selectively shared the letter, omitting the part where the prosecutor emphasized the importance of defending an independent judiciary.

On Monday, the president of the judiciary’s union, Giuseppe Santalucia, stressed that the judiciary is not opposed to the government and that both institutions should work together.