Ensuring Access for All: A Look at Universal Preservation Efforts
The European Court of Justice (ECJ) has issued a landmark judgment on August 1, 20XX, addressing the interpretation of the "safe country of origin" (SCO) concept under the Asylum Procedures Directive 2013/32 (APD).
The ruling aims to ensure that member states comply with effective judicial review standards before the New Asylum Procedures Regulation takes effect in June 2026. According to the decision, a state must be designated entirely as a safe country of origin, without exceptions for specific groups, to meet the requirements of the APD.
The ECJ emphasised the importance of member states providing access to information that supports a SCO designation. Both applicants and courts must have access to up-to-date, precise information from sources such as the European Union Agency for Asylum (EUAA) and the United Nations High Commissioner for Refugees (UNHCR).
Essential procedural safeguards regarding the accessibility of sources used in the designation process must be observed. The Court also noted that a SCO designation can stem from a legislative act, as long as it is subject to effective judicial review under EU law.
The Court upheld the admissibility of questions concerning the legality of a third country's "safe country of origin" designation under EU law. It further indicated that a country may not be designated as safe if only part of its territory meets the conditions under the APD.
National courts must review in a full and up-to-date assessment whether a country's designation as "safe" meets the directive's material criteria in Annex I. Allowing Member States to designate a country as safe while excluding certain groups from the safety assessment would unjustifiably extend the accelerated procedure.
The Court's decision follows a proposal by the European Commission to accelerate the application of Articles 79(2) and (3) of the New Asylum Procedures Regulation, enabling earlier use of Article 61(2) of the APD. This move is expected to enhance greater convergence in the implementation of the SCO under the directive across the EU, with the New Pact.
The Directive aims to balance swift asylum procedures with thorough examinations. Member States have discretion in implementing directives but must fully achieve the directive's objectives, even if it means ignoring conflicting national laws. Effective judicial review demands that national courts can review the legality of the designation fully and ex nunc, including new evidence.
It is crucial to note that member states cannot designate a country as "safe" unless it provides adequate protection to its entire population. The Court did not follow AG de la Tour's approach of political flexibility regarding SCO designations, finding no support for such an interpretation in the text or purpose of the Directive, which must be strictly construed, especially when it derogates from the general regime.
In conclusion, the ECJ's ruling provides clarity on the interpretation of the "safe country of origin" concept under the Asylum Procedures Directive, emphasising the importance of thorough and fair asylum procedures in the European Union.
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