The Fiction of Non-Entry Meets the Fiction of Remaining: AG Emiliou in Sedrata

Andreina De Leo*, Post-doctoral researcher, Maastricht University * Funded by the European Union (ERC, SoftEn project, 101165167, PI: Lilian Tsourdi). Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Research Council. Neither the European Union nor the granting authority can be held responsible for them. Photo credit: Fred Romero, via Wikimedia commons Introduction On 23 April 2026, Advocate General Nicholas Emiliou delivered his Opinion in Sedrata, one of two pending preliminary references concerning the Italy–Albania Protocol. The Opinion marks a significant development in the ongoing proceedings before the Court of Justice of the European Union, addressing for the first time the question of whether asylum and return procedures may be conducted in a third country while remaining fully under the jurisdiction of a Member State. While affirming that EU law continues to apply wherever a Member…