Judges Must Be Able to Assess Safe Countries – EU Court

Luxembourg: The European Court of Justice (ECJ) has upheld the legitimacy of national governments to legislate which countries of origin are deemed safe, following a decision related to the agreement between Italy and Albania for Italian-run migrant-processing centers in Albania. The court emphasized that EU member states can designate such countries, provided these designations are subject to effective judicial review.

According to Ansa News Agency, the ECJ clarified that a member state cannot include a country on its safe list if it does not offer adequate protection to its entire population. This ruling is applicable until the new EU regulation, which allows exceptions for certain clearly identifiable categories of persons, comes into force on June 12, 2026.

Italian judges have refused to validate the detention of asylum seekers sent to Albania, referring their cases to the ECJ. The court had earlier determined that an applicant could not undergo a fast-track procedure for repatriation if their country of origin was not deemed entirely safe. Countries like Bangladesh and Egypt were not considered wholly safe across their territories and for all citizens.

In response, the Italian government attempted to circumvent this issue by listing 19 countries, including Bangladesh and Egypt, as safe for repatriation. After the legislation was approved in December, Italian judges sought ECJ’s guidance on the parameters for determining safety and the precedence of EU law over conflicting national legislation.

Initially, Rome planned to process migrants at centers outside its territory under a controversial agreement with Tirana. However, it began using its facility in Gjader as a repatriation center to navigate legal challenges related to processed migrant cases. The scheme has garnered international appreciation as an innovative approach to deter illegal migration, though Italian opposition groups criticize it as an expensive propaganda effort.