In the Opinion for the Joined Cases C-758/24 and C-759/24 concerning international protection and asylum law, Advocate General Richard de la Tour of the Court of Justice of the European Union (CJEU) clarified that Member States may designate third countries as “safe countries of origin” via legislative acts, but must ensure transparency and judicial accountability.
What does “Safe country” mean? In 2024, Italy adopted a legislative decree listing several third countries as “safe countries of origin” for the purposes of asylum processing. The decree aims to accelerate international protection procedures, particularly at the border, and plays a key role in the implementation of the Italy-Albania Protocol, which allows for the transfer of certain asylum applicants to facilities in Albania under Italian jurisdiction. While intended to improve efficiency, the decree received extensive media coverage and sparked some legal and human rights concerns.
The opinion arises from the joined cases of two Bangladeshi nationals whose asylum applications were rejected under Italy’s accelerated border procedure. Their rejection was based on a 2024 Italian legislative act listing Bangladesh as a safe country of origin. The applicants contested this designation, arguing that the law failed to disclose the sources of information justifying the classification.
The Advocate general, states that:
A member state may legally designate a country as a safe country of origin through national legislation. However, even if designation occurs through legislation, the sources of information used to assess the safety of the country must be disclosed. This is crucial for enabling effective judicial review. A legislative act cannot be shielded from scrutiny if it undermines procedural safeguards set out in eu law.
If the legislature fails to disclose these sources, courts can use independent sources referred to in directive 2013/32/eu to assess the designation’s legality.
Lastly, he also addressed the point of selective safety designation, indicating that a third country may still be classified as a safe country of origin even if certain categories of persons are at risk there, provided that:
The Opinion of the Advocate General is not binding on the Court of Justice. Advocates General present independent legal proposals to assist the Court in resolving the cases before it. The Judges are now commencing their deliberations, and a final judgment will be issued in due course.
She is a Legal Counsel and she holds a Ph.D in Law (University of Bologna). She is specialized in European Union Law and she is the Head of the Japanese Desk and Spanish Desk. She is mother tongue Japanese and Spanish and speaks fluently Italian and English.
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