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

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...

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Main Authors: Rrezart Bushati, Emanuela Furramani
Format: Article
Language:English
Published: Institute for Research and European Studies 2024-09-01
Series:Journal of Liberty and International Affairs
Subjects:
Online Access:https://www.e-jlia.com/index.php/jlia/article/view/1544
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author Rrezart Bushati
Emanuela Furramani
author_facet Rrezart Bushati
Emanuela Furramani
author_sort Rrezart Bushati
collection DOAJ
description 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. 
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spelling doaj-art-c364dc950dc344d88d596c451d7400ef2025-02-11T10:20:36ZengInstitute for Research and European StudiesJournal of Liberty and International Affairs1857-97602024-09-0110310.47305/JLIA24103028buPotential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory FlowsRrezart Bushati0Emanuela Furramani1Albanian University – Tirana, Albania University “Luigj Gurakuqi” – Shkoder, Albania 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.  https://www.e-jlia.com/index.php/jlia/article/view/1544MigrationPlace of SafetySearch and RescueHuman RightsAlbanian Constitution
spellingShingle Rrezart Bushati
Emanuela Furramani
Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
Journal of Liberty and International Affairs
Migration
Place of Safety
Search and Rescue
Human Rights
Albanian Constitution
title Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
title_full Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
title_fullStr Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
title_full_unstemmed Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
title_short Potential Effects and Concerns of the Agreement Between Italy and Albania on Managing Migratory Flows
title_sort potential effects and concerns of the agreement between italy and albania on managing migratory flows
topic Migration
Place of Safety
Search and Rescue
Human Rights
Albanian Constitution
url https://www.e-jlia.com/index.php/jlia/article/view/1544
work_keys_str_mv AT rrezartbushati potentialeffectsandconcernsoftheagreementbetweenitalyandalbaniaonmanagingmigratoryflows
AT emanuelafurramani potentialeffectsandconcernsoftheagreementbetweenitalyandalbaniaonmanagingmigratoryflows