The Extraterritorial Protection of Migrants’ Human Rights

An Integrated Reading of the Italy-Albania Protocol and Article 25 of the Visa Code

Abstract

This article stems from the approval of the law ratifying the Protocol between the Government of the Italian Republic and the Council of Ministers of the Republic of Albania, which took place on February 21, 2024. The contribution aims to analyse the delicate issue of the extraterritorial application of rights enshrined in the EU Charter of Fundamental Rights and the European Convention on Human Rights in the implementation of the Protocol. This presents multiple challenges. Foremost among them is the absence of a clear and defined regulatory framework, which raises concerns about potential derogations from fundamental rights and guarantees. The extension of Italian jurisdiction ensures that the activities envisaged by the Protocol are subject to compliance with international humanitarian and human rights law. The analysis of the Protocol is carried out through an integrated reading with Art. 25 of the Visa Code, which provides for the issuance of humanitarian visas. Unlike the Protocol, the issuance of humanitarian visas by EU Countries is limited by jurisdictional issues, although it is capable of ensuring effective protection of the fundamental rights of migrants. Thus, the article aims to critically explore possible perspectives for migration policies that ensure safe and regular access to the EU and to examine requests for international protection on the territory of a third State.