The Court of Cassation has raised numerous doubts of legitimacy on the protocol signed between Italy and Albania for the management of migrants, highlighting potential violations of the Constitution, international law and that of the European Union. This is what emerges from an extensive report prepared by the Office of the Supreme and Role, which is reported in the daily Il Manifesto. In the document, the Consulta points out that doctrine has already expressed strong concerns about the compatibility of the agreement with the fundamental principles of the legal system, dwelling in particular on the relationship between the protocol and EU law. One of the critical points concerns the possible prejudice to constitutional rights, including the right to health and the right to defense. The protocol, the Supreme Court notes, does not clarify precisely which categories of people fall under it, limiting itself to a generic reference to “migrants”. This would result in unequal treatment between those who are transferred to Albania and those who remain in Italy. In addition, the Court highlights the absence of detailed regulation of procedural aspects, which would make it difficult to guarantee equal rights to migrants detained in Albanian centers compared to those on Italian territory. According to the judges, this loophole risks undermining effective access to the right to asylum. Particular concern is also expressed regarding the deprivation of personal liberty. The protocol, the report says, does not provide for detention as a last resort, contrary to European law, but as the only possible solution. An approach that, according to the Supreme Court, violates the fundamental guarantees protecting individual freedom. Criticism also emerges at the moment when the foreigner, having completed the prerequisites of detention, is to be released: since he cannot be released in Albania, his return to Italy is envisaged. However, the technical timing of the transfer - by ship or air - could result in prolonged irregular detention, even for several hours or days. Another issue raised concerns the exercise of the right of defense: the protocol does not establish precise rules, leaving the management of this aspect to the discretion of the Italian manager of the center. According to the Court, the regulatory vacuum seriously undermines the guarantees provided by the Constitution. Finally, the Supreme Court points out how the right to health - protected by Article 32 of the Charter - could be compromised. The level of health care in Albania is not comparable to that in Italy and, in case of need, the protocol only provides for a generic collaboration between Italian and Albanian authorities to ensure “indispensable and unavoidable” care.