Articles for tag: Asylum Procedure Regulation, EuGH, Italy-Albania Protocol, Pact on Migration and Asylum, safe country of origin

Safe for Everyone?

On 1 August, the European Court of Justice (ECJ) delivered its much-anticipated judgment, addressing the interpretation of the “safe country of origin” (SCO) concept under the Asylum Procedures Directive 2013/32 (APD). Contrary to AG de la Tour, the Court firmly ruled that Member States cannot designate a country as “safe” unless it provides adequate protection to its entire population. Ultimately, the Court’s judgment effectively preserves the current protection until the EU legislator fully exercises its prerogative to amend the rules.

20. August 2025

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Managing Migration the Italian Way II

Eight months after first exploring the legal contours of the “innovative” Italy-Albania Protocol and its temporary suspension following the Court of Rome’s refusal to validate the detention of the first group of asylum applicants transferred to Albania, this post turns to a new and potentially game-changing development: a preliminary reference to the European Court of Justice (ECJ), submitted by the Italian Court of Cassation on 20 June 2025. The referral raises doubts about the compatibility of the scheme with both the Return Directive (RD) and the Asylum Procedures Directive (APD). This move adds fresh legal uncertainty to a deal already under intense scrutiny and could significantly impact its implementation.

27. Juni 2025

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Safe for whom?

The EU’s notion of “safe countries of origin” is on increasingly shaky ground. In a recent Opinion, Advocate General de la Tour suggests that a country can still be deemed safe even when specific groups face serious threats there. This reinterpretation breaks with established case law and risks hollowing out core procedural protections for asylum seekers across Europe. It remains to be seen how this stance will influence the delicate balance between efficient processing and safeguarding fundamental rights.

15. Mai 2025

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Longing for Safety before the European Court of Justice

On 10 April 2025, Advocate General de la Tour delivered his Advisory Opinion in the joined cases Alace and Canpelli dealing with the powers of Italy – and, by extension, other EU Member States – to legislate on what constitutes a “safe third country” and a “safe country of origin”. The AG confirmed that Italy can list a third country as “safe” when it is “generally” deemed as such, provided that this designation is compliant with EU law. This piece discusses how the human rights of applicants seeking international protection are likely to be hindered by this approach.

7. Mai 2025

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Managing Migration the Italian Way

The Italy-Albania deal provides a new, some say innovative, approach to externalization in migration procedures. It differs from the current EU toolbox, raising issues related to these differences and the treatment of procedural rights. Where these issues arise and how they will be litigated nationally and/or in front of the ECJ is unclear but will shape migration discourses beyond Italy.

29. Oktober 2024

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