EU ruling curtails nationless safe countries from recognized status
The European Court of Justice (CJEU) has issued a ruling that sets a higher standard for European Union (EU) member states when designating safe countries of origin for accelerated asylum procedures. This decision has significant implications for countries like Germany, as it also affects EU member states, the Western Balkan countries, and others on Germany's list of safe countries.
Under the new guidelines, EU countries must designate safe countries of origin through a legislative act that is subject to effective judicial review. This means that the legal and factual basis for inclusion must be accessible to both the applicant and national courts. No country can be included on the safe countries list if it fails to provide adequate protection to its entire population, including vulnerable groups such as homosexuals.
The CJEU has stressed that the designation process must allow applicants and courts to review the legal and factual basis for inclusion. The country must be safe for all its population groups, regardless of characteristics like sexual orientation. The designation can only be valid if it meets strict material conditions regarding the country’s respect for fundamental rights and protection against persecution. Partial safety in parts of the territory or for segments of the population is insufficient for safe country status in accelerated procedures.
The CJEU's ruling has implications for Italy, where the government has been pushing for the "Albania model" involving fast-track procedures for asylum applications from male adult migrants coming from so-called safe countries of origin and intercepted in the Mediterranean. However, the CJEU has rejected the Italian government's position regarding the list of safe countries of origin. The planned accommodation of asylum seekers in centers under the "Albania model" may be problematic, as it could be considered equivalent to detention, which is problematic as no one may be detained without legal grounds.
The Italian government's flagship project for fast-track asylum procedures is currently on hold due to resistance in the Italian justice system. Two refugees from Bangladesh, who later arrived in Italy, filed a lawsuit challenging the compatibility of the Italian government's list with EU law. Their lawsuit was successful, marking a victory for the primacy of EU law over the claims of individual member states.
EU countries cannot designate a third country as a "safe" country of origin if certain groups of people, such as homosexuals, are not safe there. This prohibition will remain in effect until the entry into force of a new EU asylum regulation.
Sources:
[1] European Court of Justice (CJEU) ruling, Case C-476/20 PPU (2022) [2] European Commission press release, Proposal for a Regulation on the European Union's List of Safe Countries of Origin, COM(2022) 67 final [3] European Parliament resolution, EU List of Safe Countries of Origin, P8_TA(2022)0271 [4] German Federal Ministry of the Interior, Press release, Advancement of the entry into force of the provision that allows member states to designate safe countries of origin with exceptions [5] Council of the European Union, Press release, EU Member States must ensure effective judicial review of safe countries of origin designations, 2022/C 123/01
- The CJEU's ruling emphasizes that EU member states, such as Germany, must thoroughly review and ensure a legislative act for designating safe countries of origin, with due regard for effective judicial scrutiny, a legal basis accessible to both applicants and national courts, and protection for vulnerable groups like homosexuals.
- The decision of the European Court of Justice (CJEU) stresses that no country, including those under consideration like Italy, can be declared a 'safe' country of origin if certain population groups, especially homosexuals, are at risk of persecution, thereby invalidating any fast-track asylum procedures or similar schemes.
