Migration policy and its derivates—refugee and asylum policy—are increasingly important items on national and international agendas. This article provides a comprehensive legal and policy analysis of externalization policy and migration and asylum frameworks at the European Union (EU and national levels. Using an integrated approach in methodology, the article theoretically examines the insights from contemporary debates in the field and briefly analyzes the most recent developments in Europe, where the new Pact on Migration was approved in May 2024. Conducting a comparative legal analysis, we analyze the Protocol on Strengthening Cooperation in the Field of Migration, signed between the Albanian and Italian governments, juxtaposing its provisions with international and EU asylum and immigration law. Furthermore, analysis is contemplated with the critique of the judgment of the Albanian Constitutional Court on the compatibility of the protocol with the Albanian constitution and legal standards pertaining to international human rights law.
We argue that the agreement is presented as a legal framework to, de jure, strengthen cooperation in the field of migration. However, from the text of the protocol, de facto, the agreement is about placing a certain part of the territory of the Republic of Albania under the exclusive jurisdiction of the Italian Republic, where it can “externalize” its asylum seekers, and deter potential immigrants from travelling toward Italy. It is the latest effort of the EU members to “discharge” asylum seekers onto other, poorer countries as a tool of domestic politics rather than to solve the thorny issue of migration. Conclusions are reached on the developments in EU law and policy on migration and asylum and their impact on relations between EU members and other countries. Finally, we provide recommendations to ensure compliance with human rights standards.

This article was submitted on 20.06.2024.