The Opinion of the Advocate General in the joined cases Comeri and Sidilli (C-706/25 and C-707/25) highlights potential conflicts between the Italy–Albania Protocol on migrant detention centres and European Union law. While Member States may decide to locate detention facilities outside EU territory, they remain fully bound by EU asylum legislation and must ensure compliance with all procedural and substantive safeguards established under Union law.

The Advocate General identifies several critical issues. These include the protection of personal liberty, as the failure to immediately release asylum seekers following the expiry or non-confirmation of a detention order may amount to de facto detention; the right to an effective judicial remedy, potentially undermined by limitations on confidential communication with legal counsel and difficulties in accessing interpreters; the right to family life, due to the absence of clear rules governing family visits; and the right to health, which cannot depend on the healthcare capacities of a third country.

In conclusion, the Advocate General considers the Protocol compatible with EU law only insofar as it does not diminish the minimum guarantees harmonised by EU asylum legislation. Otherwise, it may infringe Article 3(2) TFEU and the fundamental rights protected by the Charter of Fundamental Rights of the European Union.