EU Court Allows Safe Country Asylum Rejections
(MENAFN) The European Union’s highest court ruled Friday that individual member states have the legal authority to designate countries of origin as "safe" for the purpose of returning asylum seekers—so long as such classifications are subject to judicial oversight.
In its decision, the Court of Justice of the European Union affirmed that governments can legally define “safe” origin countries and implement streamlined asylum procedures for individuals from those nations. However, it underscored that these determinations must remain open to legal scrutiny to ensure they align with EU principles.
This ruling followed a challenge to Italy’s October 2024 law, which labeled several nations—including Bangladesh—as “safe countries of origin.” That law enabled Italian authorities to reject asylum requests from citizens of those countries via an expedited border process.
The legal dispute centered on two Bangladeshi asylum seekers rescued at sea and relocated to a detention facility in Albania, under Italy’s bilateral agreement with Tirana. Their claims were denied based on Bangladesh’s inclusion on Italy’s “safe country” list.
The court clarified that such legislative actions are not inherently incompatible with EU law. However, it stressed that “effective judicial review” must be available, which includes access for applicants and courts to the sources used in assessing a country’s safety.
"However, a Member State may not include a country in the list of safe countries of origin if that country does not offer adequate protection to its entire population," it stated.
The ruling also confirmed that during the review process, national courts may consider independently sourced information—so long as it is trustworthy and both sides in the case are allowed to address it.
These judicial review safeguards will remain binding under current EU asylum legislation until June 12, 2026, when new EU-wide asylum procedures are expected to take effect. The upcoming regulation will permit exceptions for specific “clearly identifiable categories of persons,” even if their country is broadly deemed safe.
Italy’s 2023 agreement with Albania to process asylum applications outside of EU territory continues to face scrutiny from human rights advocates and legal scholars.
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