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The European Court of Justice (CJEU) has issued a landmark ruling Friday that tightens legal requirements for EU member states wishing to designate “safe countries of origin” for accelerated asylum processing.
In its decision on Friday, the CJEU upheld the legality of expedited asylum procedures in principle but made clear that such classifications must be based on rigorous, transparent evidence and subject to meaningful judicial review. The ruling stems from a case brought by two Bangladeshi asylum seekers transferred by Italy to Albania, where their claims were swiftly rejected under Italy’s classification of Bangladesh as a “safe” country. The court found that Italy failed to provide sufficient legal transparency or procedural safeguards, rendering the process incompatible with EU law.
The judgment casts serious doubt on Prime Minister Giorgia Meloni’s flagship “Albania model,” which aimed to detain and process asylum seekers outside the EU. Legal experts say the ruling could be fatal to the plan. “It will not be possible to continue with what the Italian government had envisioned before this decision,” said Dario Belluccio, counsel for one of the asylum seekers. The detention facilities in Albania have remained largely unused, and a recent audit found their cost was seven times that of similar infrastructure in Italy.
Meloni condemned the ruling as “surprising” and politically motivated, arguing it strips elected governments of the tools needed to combat “mass illegal immigration” and defend borders. However, the CJEU emphasized that no country can be considered safe unless all population groups are protected, a point that aligns with earlier domestic rulings questioning blanket classifications.
Germany, which has also moved to tighten its asylum policies, faces growing legal challenges of its own. In June, the Berlin Administrative Court ruled that turning away asylum seekers at the border violates EU law. The court found that Germany’s policy of immediate rejection was in breach of the EU’s Dublin III Regulation, which mandates individual assessments and prohibits summary returns without due process.
Together, the CJEU and Berlin rulings highlight a widening legal gap between national migration enforcement policies and EU legal obligations. As the EU’s Migration and Asylum Pact approaches its June 2026 implementation, the legal boundaries of national asylum policies are being redrawn in real time.
The post CJEU raises bar for safe country designation in landmark asylum ruling appeared first on JURIST - News.
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In its decision on Friday, the CJEU upheld the legality of expedited asylum procedures in principle but made clear that such classifications must be based on rigorous, transparent evidence and subject to meaningful judicial review. The ruling stems from a case brought by two Bangladeshi asylum seekers transferred by Italy to Albania, where their claims were swiftly rejected under Italy’s classification of Bangladesh as a “safe” country. The court found that Italy failed to provide sufficient legal transparency or procedural safeguards, rendering the process incompatible with EU law.
The judgment casts serious doubt on Prime Minister Giorgia Meloni’s flagship “Albania model,” which aimed to detain and process asylum seekers outside the EU. Legal experts say the ruling could be fatal to the plan. “It will not be possible to continue with what the Italian government had envisioned before this decision,” said Dario Belluccio, counsel for one of the asylum seekers. The detention facilities in Albania have remained largely unused, and a recent audit found their cost was seven times that of similar infrastructure in Italy.
Meloni condemned the ruling as “surprising” and politically motivated, arguing it strips elected governments of the tools needed to combat “mass illegal immigration” and defend borders. However, the CJEU emphasized that no country can be considered safe unless all population groups are protected, a point that aligns with earlier domestic rulings questioning blanket classifications.
Germany, which has also moved to tighten its asylum policies, faces growing legal challenges of its own. In June, the Berlin Administrative Court ruled that turning away asylum seekers at the border violates EU law. The court found that Germany’s policy of immediate rejection was in breach of the EU’s Dublin III Regulation, which mandates individual assessments and prohibits summary returns without due process.
Together, the CJEU and Berlin rulings highlight a widening legal gap between national migration enforcement policies and EU legal obligations. As the EU’s Migration and Asylum Pact approaches its June 2026 implementation, the legal boundaries of national asylum policies are being redrawn in real time.
The post CJEU raises bar for safe country designation in landmark asylum ruling appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.