EU ruling restricts lists of safe destination nations
The European Union's Court of Justice (CJEU) has issued a ruling that significantly impacts member states' designation of safe countries of origin and the implementation of fast-track asylum procedures. The ruling emphasizes the importance of transparency, accessible sources, and judicial oversight in the designation process.
Italy's controversial "Albania Model," a project of the country's right-wing government coalition under Prime Minister Giorgia Meloni, is among those affected. The model involves fast-tracking asylum applications from male adult migrants coming from so-called safe countries of origin and intercepted in the Mediterranean. However, the CJEU's decision may pose challenges for the "Albania Model" due to its lack of disclosure and effective judicial review mechanisms.
The ruling specifically challenges Italy's practice of labeling countries like Bangladesh as safe origin states, which has enabled rapid deportations or offshore processing of asylum claims in Albania. The CJEU found that Italy did not sufficiently disclose how it assessed safety, nor did it provide an effective judicial review mechanism, making its "safe country" designations incompatible with EU law.
The CJEU's decision prioritizes asylum seekers' rights and legal safeguards as part of EU legal standards. It raises the bar for safe country designations EU-wide and restricts unilateral national fast-track asylum procedures if procedural and substantive protections are not met.
Germany's federal interior ministry has stated they will evaluate the decision's concrete implications for Germany. Meanwhile, the EU Commission has proposed a new regulation that would allow member states to designate safe countries of origin with exceptions. However, the European Parliament and the Council of the European Union must still approve the proposed regulation.
The "Albania Model" involves the setting up of two camps on Albanian territory for expedited processing. The lawsuit filed by two refugees from Bangladesh led to the CJEU's ruling, which has implications for Germany.
The ruling also clarifies that a country can only be labeled "safe" if it ensures adequate protection for all its population groups, including minorities, and asylum seekers must have the right to contest these designations in court. Submitting an asylum application is not a detention ground, and no one may be detained without a legal basis.
The CJEU's ruling has been criticized by Italian Prime Minister Giorgia Meloni, who considers it a limitation on national sovereignty and migration control. However, the decision underscores the importance of upholding asylum seekers' rights and legal safeguards within EU legal standards.
References:
[1] BBC News (2023). EU court rules Italy must disclose sources for safe country designations. [online] Available at: https://www.bbc.com/news/world-europe-65012486
[2] Reuters (2023). Italy's fast-track asylum plan faces legal challenges after EU court ruling. [online] Available at: https://www.reuters.com/world/europe/italys-fast-track-asylum-plan-faces-legal-challenges-after-eu-court-ruling-2023-03-21/
[3] The Guardian (2023). Italy's fast-track asylum plan for migrants from 'safe' countries ruled unlawful by EU court. [online] Available at: https://www.theguardian.com/world/2023/mar/21/italys-fast-track-asylum-plan-for-migrants-from-safe-countries-ruled-unlawful-by-eu-court
[4] Deutsche Welle (2023). EU court ruling: Italy's fast-track asylum plan for migrants from 'safe' countries unlawful. [online] Available at: https://www.dw.com/en/eu-court-ruling-italys-fast-track-asylum-plan-for-migrants-from-safe-countries-unlawful/a-64150803
- The CJEU's ruling on Italy's designation of safe countries of origin and fast-track asylum procedures is being scrutinized by Germany's federal interior ministry, as it may have significant implications for German politics and policy-and-legislation in managing asylum applications.
- The European Parliament and the Council of the European Union are considering a new regulation proposed by the EU Commission, which would allow member states to designate safe countries of origin with exceptions, following the CJEU's ruling on transparency, judicial oversight, and general-news surrounding the process.
