The European Union’s top court has cast doubt on Italy’s legal framework for designating “safe countries” of origin, a list used to expedite asylum requests. Italy can maintain a list of countries and transfer certain migrants to detention centers in Albania, and fast-track asylum applications from nationals of those countries.
However, the EU court warns that the designation must meet strict legal criteria, ensuring that asylum seekers and the courts have full access to supporting evidence and the ability to challenge the classification, Reuters wrote.
The EU court also clarified that a country cannot be deemed “safe” if it fails to provide adequate protection for its entire population. This aligns with earlier concerns raised by Italian judges, who argued that blanket classifications may violate EU asylum law.
Italian officials reacted sharply. The prime minister’s office said the decision “weakens the policy of combating mass illegal immigration and protecting national borders,” signalingng Rome will likely resist making an immediate change.es to its approach.
The court’s decision stemmed from a case involving two Bangladeshi nationals rescued at sea by Italian authorities. They were taken to a detention center in Albania, where their asylum claims were rejected based on Bangladesh’s inclusion on Italy’s “safe country” list.
Under Prime Minister Giorgia Meloni, Italy has pursued a tougher migration stance—speeding up deportations and limiting the work of Mediterranean rescue charities. The Italy–Albania agreement, signed last year, allows for two migrant detention facilities to operate in Albanian territory for asylum seekers bound for Italy.
Despite their construction, the Albanian centers remain empty due to legal challenges. Italian courts have identified a potential conflict between the government’s detention policies.
The legal uncertainty arises because Italian courts have identified a potential conflict between the government’s decree and EU rules that define “safe” countries of origin.
This move would formalize arrangements similar to the Italy–Albania deal.
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