EU court questions Italy's 'safe country' list for migrants – DW – 08/01/2025

DW

2 days ago

While ruling Italy's plan to fast-track migrant deportations is legal, the European Court of Justice set out some limits. Those include disclosing sources for their assessment of a country being considered "safe."
Judges at the European Union's top court ruled Friday that Italy can fast-track deportations of migrants to countries it designates as "safe" if it meets certain conditions.
The European Court of Justice (ECJ) was asked if an accelerated asylum procedure, allowing officials to quickly return migrants from countries not facing war or significant crises, was permissible.
EU countries are allowed to designate safe countries of origin to fast-track asylum procedures if authorities disclose the sources for their assessment, the court ruled.
"The sources of information on which such a designation is based must be sufficiently accessible, both for the applicant and for the court or tribunal having jurisdiction," the EU's top court wrote.
A second condition stipulated by the court is that a state can only be designated as a safe country of origin if it offers adequate protection to the entire population, including minorities.
The Luxembourg-based court also said that while having a fast-track procedure does not violate EU law, the designation of safe countries must be subject to judicial scrutiny so migrants can challenge decisions made on their asylum claims.
Italian Prime Minister Giorgia Meloni criticized the ECJ's ruling on the classification of safe countries of origin. She said the decision further restricted the already limited room for manoeuvre of governments.
"This is a step that should worry everyone," Meloni said. "The court's decision weakens the policy to combat illegal mass immigration and to protect national borders."
Two Bangladeshi nationals, who were rescued at sea last year by the Italian navy, were taken to a detention center in Albania.
As Bangladesh is on a list of countries Italy considers safe, their claim for asylum was given a speedy assessment before being rejected.
However, an Italian court held last year that migrants from Bangladesh and Egypt could not be immediately returned because those countries are not safe enough.
Judges at the Rome District Court, which referred the case to Luxembourg, will have the final say in determining whether the procedure was correctly applied for the two Bangladeshi nationals.
The fast-track process and detaining migrants at facilities in Albania were introduced by Meloni's government in an effort to curb the number of migrants entering the country.
Both policies have faced intense criticism. Italian courts have ruled against the policies and referred several cases to the EU's top court in Luxembourg for clarification.
Opposition politicians argue that the scheme is expensive, complicated, and detrimental to migrants' rights. A non-governmental delegation observing the process in Albania says it illegally deprives migrants of assistance with asylum claims.