L’extraterritorialisation de l’examen des demandes d’asile aux frontières européennes : l’exemple du Protocole italo-albanais

Closed centres located in Albania and under Italian jurisdiction have been operational for almost a year. However, their use is controversial as they are intended to detain foreign nationals apprehended while crossing the border during ‘checks’, while their ‘asylum’ applications are being examined and their possible ‘return’ is being organised in accordance with the European Pact on Migration and Asylum, which is due to enter into force in June 2026. Until then, previous European texts, which are more stringent on the exceptional conditions justifying administrative detention, remain applicable. Thus, while it is likely that asylum seekers will largely be detained in closed centres – like those in Albania – in the future, the Italian government's intentions have so far been blocked by the judiciary, which refers to the legislation in force, wich is strictly governing the detention of applicants for protection.