EU court upholds member states' right to designate ‘safe’ countries for asylum returns

BRUSSELS

The European Union's top court ruled on Friday that national governments may lawfully decide through legislation which countries of origin are "safe" for returning asylum seekers, as Italy has done, provided such decisions remain open to judicial review.

The Court of Justice of the European Union confirmed that national authorities can enact legislation to define "safe" countries of origin and fast-track applications accordingly. However, it emphasized that this is only valid if the designation can be reviewed by courts to ensure compliance with EU standards.

The case stems from Italy's October 2024 legislative act listing several countries, including Bangladesh, as "safe countries of origin." That designation enabled authorities to reject asylum claims from nationals of those countries under an accelerated border procedure.

The specific legal challenge involved two Bangladeshi nationals rescued at sea and transferred to a detention center in Albania under Italy's bilateral migration protocol with Tirana. Their asylum claims were rejected on the grounds that Bangladesh is listed as safe.

The court said that such legislative acts are not inherently contrary to EU law, stressing "effective judicial review" must be possible, meaning that both applicants and national courts must have access to the underlying sources used to assess whether a country is safe.

"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 said.

National courts, the ruling said, may also take into account independent information they themselves gather during judicial review, provided the information is reliable and both parties have an opportunity to respond to it.

These requirements remain in force under the current EU asylum rules until the bloc's new regulation on asylum procedures enters into force, currently set for June 12, 2026. The new regulation will allow exceptions for certain “clearly identifiable categories of persons” even when a country is considered safe overall.

Italy's 2023 agreement with Albania to process asylum seekers outside EU territory has drawn criticism from rights groups and legal experts.