Following a lawsuit by two asylum seekers from Bangladesh, the European Court of Justice ruled that for safe country lists to be legal, certain conditions must be met. The ruling also affects the Meloni-Rama agreement.
The European Court of Justice (ECJ) has strengthened the criteria and obstacles for the designation of safe countries of origin in accelerated asylum procedures. EU member states can only draw up lists of such countries if they provide the sources for their assessment; courts must be able to examine on what information the decision to declare a country safe is based. Judges in Luxembourg also ruled that, until new EU asylum rules come into force, the decision to declare a country safe must take into account the entire population of a given country.
The judgment concerned the "Albania Model" that Italy uses in the framework of fast-track procedures for asylum processes abroad. The designation of safe countries of origin is a prerequisite for the implementation of this model. The government of Rome intends to send refugees and migrants, adult males, from these countries to accommodation centers on Albanian territory, where they must stay while their asylum applications are processed.
Plaintiffs from Bangladesh
In October 2024, several countries were classified as safe, including Bangladesh - the country from which the two claimants come. They were intercepted in the Mediterranean Sea and sent to Albania. Their asylum applications in Italy were rejected. The competent Italian court asked the European Court of Justice (ECJ) to clarify what the obligations of EU member states are regarding the designation of safe countries of origin.
Last year, the Court ruled in another case that, until further notice, a country can only be classified as safe if this assessment applies to its entire territory. However, a new EU regulation stipulates that in future countries can be classified as safe even if this assessment does not apply to certain regions or groups of people, such as homosexuals. The change is part of a major reform of EU asylum law, which is scheduled to enter into force in June 2026.
Meloni: "A step that should worry everyone"
Luxembourg's decision was met with fierce criticism in Italy. Prime Minister Giorgia Meloni said the decision was surprising and further restricted the already limited room for governments to act. "This is a step that should worry everyone," said the leader of the right-wing Fratelli d'Italia party.
The Italian government has signed an agreement with Albania to set up two camps on its territory. However, the project is currently on hold due to resistance from the Italian judiciary. According to a report by the human rights organization ActionAid and the University of Bari, the centers have only been operating effectively for five days in 2024 and at very high costs.
What about Germany?
Germany has also declared a number of countries as safe. In addition to EU member states, they include the Western Balkan countries, as well as Georgia, Ghana, Moldova and Senegal. The CDU/CSU-SPD coalition plans to expand the list by means of legislative regulation, i.e. without the involvement of the Bundestag and the Federation Council, the Bundesrat. However, a final decision has not yet been made./ DW (A2 Televizion)
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