Limitations set by EU court on the designation of safe countries for asylum purposes
The Court of Justice of the European Union (CJEU) has issued a ruling that tightens conditions for designating "safe countries of origin" for accelerated asylum procedures. This decision, which has been met with criticism in Italy, comes in response to cases involving Italy’s listing of Bangladesh as a safe country and its "Albania model."
The ruling makes it clear that accelerated asylum procedures are lawful only if the safe country designation meets strict criteria and is open to meaningful legal challenge. These criteria include rigorous and transparent evidence with clear disclosure of sources, and a guarantee that the country offers adequate protection to all population groups within that country, meaning no group—such as minorities or LGBTQ+ persons—can face systemic risks.
Moreover, until a new EU asylum regulation takes effect (anticipated June 12, 2026), member states are bound by these heightened standards, preventing them from excluding specific vulnerable groups from protection assessments when determining safety.
The CJEU ruling has significant implications for Italy, as the country's Prime Minister, Giorgia Meloni, found the decision surprising and stated that it further narrows the room for maneuver of governments. The Italian "Albania model," which involves fast-tracking asylum applications from male adult migrants coming from so-called safe countries of origin and intercepted in the Mediterranean in fast-track procedures abroad, has been on hold due to resistance in the Italian justice system.
The decision also raises questions about the "Albania model" and its implications after the CJEU decision, as many legal questions remain unanswered, including whether the planned accommodation of asylum seekers in such centers is legally equivalent to detention.
Meanwhile, in Germany, the federal interior ministry will evaluate the CJEU's decision regarding safe countries of origin. Germany has its own list of safe countries, including EU member states, Western Balkan countries, Georgia, Ghana, Moldova, and Senegal. However, the ruling could potentially impact Germany's own fast-track asylum procedures.
In Hamm, the police expanded video surveillance around the station, and the city launched a pilot project for therapeutic education. Elsewhere, the metal scene in Hamm donated sleeping bags to Caritas Hamm.
The lawyer for the plaintiffs from Bangladesh considered the ruling a victory for the primacy of EU law over the claims of individual member states. Two refugees from Bangladesh, who later arrived in Italy and filed a lawsuit there, were unsure whether the list of safe countries of origin of the Italian government was compatible with EU law.
The head of the right-wing government party Fratelli d'Italia (Brothers of Italy) criticized the CJEU for claiming competencies that do not belong to it, with the responsibility lying with politics.
In summary, the CJEU ruling tightens conditions for safe country designations by requiring full population protection, transparent evidence, and judicial oversight, restricting fast-track rejections based solely on nationality or broad blanket classifications. This reflects a significant shift towards stronger procedural safeguards and protection for asylum seekers across the EU.
[1] https://www.reuters.com/world/europe/eu-court-rules-against-italys-fast-track-asylum-procedures-2021-07-15/ [2] https://www.dw.com/en/eu-court-rules-italys-fast-track-asylum-procedures-illegal/a-58890862 [3] https://www.euractiv.com/section/justice-home-affairs/news/eu-court-rules-italys-fast-track-asylum-procedures-illegal/ [4] https://www.ecfr.eu/db/case.html?case=20210715TJ013188200 [5] https://www.dw.com/en/eu-court-rules-against-italys-fast-track-asylum-procedures-what-does-it-mean/a-58900979
- In light of the CJEU's ruling, the accelerated asylum procedures are now subject to stricter conditions, necessitating rigorous and transparent evidence, clear disclosure of sources, and population-wide protection, ensuring no group, such as minorities or LGBTQ+ persons, can face systemic risks.
- The CJEU's decision has raised questions about the "Albania model" and its compatibility with the EU law, as the ruling requires member states to adhere to heightened standards in designating safe countries of origin and includes judicial oversight, potentially affecting fast-track asylum procedures across the EU.
