EU States Can Designate Safe Countries – ECJ Advocate General

Brussels: Advocate General of the European Court of Justice (ECJ) Richard de la Tour stated Thursday in an opinion related to the agreement between Rome and Tirana for Italian-run migrant-processing centers in Albania that it is legitimate for national governments to decide which countries of origin are safe via legislation, as Italy has done.

According to Ansa News Agency, Italian judges refused to validate the detention of the first three groups of asylum seekers taken to Albania in October, November, and January, referring their cases to the ECJ. The court had established on October 4 that an applicant could not undergo a fast-track procedure that might lead to repatriation if their country of provenance was not deemed wholly safe. The countries of origin in question, Bangladesh and Egypt, were not judged to be entirely safe across their territory and for all categories of citizens.

The Italian government attempted to navigate this issue by introducing a measure listing 19 safe countries for repatriation, which included both Bangladesh and Egypt. However, after the legislation was approved in December, Italian judges sought clarification from the ECJ on the parameters for determining safety and whether the principle of the primacy of EU law should prevail in cases of conflict with Italian legislation.

“A Member State may designate safe countries of origin by legislative act and must disclose, for the purposes of judicial review, the sources of information on which the designation is based,” de la Tour explained in the opinion. He further stated that a Member State could, under certain conditions, grant a third country the status of a safe country of origin while identifying limited categories of persons who might be at risk of persecution or serious violations.

Although the opinion is not binding, it will be given considerable importance by the court, which is expected to deliver its ruling at the end of May or early June.

While awaiting the decision, the government plans to use the Albanian facilities as CPR detention centers for migrants awaiting repatriation, rather than processing centers, with the first groups expected to be transferred there on Friday. De la Tour emphasized that when examining appeals against the rejection of asylum requests, the designation of a third country as safe does not prevent judges from assessing the legitimacy of the designation.