2024/10/01 by Andreina De Leo, Eleonora Celoria · 1 voice
Social Sciences · #European Criminal Justice and Data Protection #European Union Policy and Governance #European and International Law Studies
paper · doi:10.1177/1023263x241309601
openalex publication_date 2024/10/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/30
This article critically examines the extraterritorial asylum processing model established by the Italy–Albania deal, arguing that it departs from traditional EU externalization strategies and presents new legal challenges. By analysing the criteria used by the EU Court of Justice to determine whether situations not explicitly regulated by EU law fall within its scope, the article shows that the examination of asylum claims in Albania could trigger the applicability of Union law, despite the territorial limitations of much of EU secondary legislation in the area of asylum. It further explores how this system may undermine the effectiveness and integrity of the CEAS and violate certain provisions of the Charter. The article concludes by advocating for CJEU intervention to clarify the relationship between extraterritorial asylum procedures and EU law, ensuring legal certainty and the consistent application of Union law.