EU Court Challenges Italy’s Use of ‘Safe Country’ Rule in Migrant Cases

The EU's top court has allowed Italy to fast-track deportations to "safe" countries if transparency and protection standards are met. The ruling came after two Bangladeshi migrants challenged their rejected asylum claims. Italian PM Giorgia Meloni criticized the decision, saying it weakens immigration control. The court stressed that migrants must be able to legally challenge such decisions.

Judges at the European Union's highest court ruled on Friday that Italy is permitted to fast-track the deportations of migrants to countries it classifies as "safe," provided certain conditions are met.

The ruling came from the European Court of Justice (ECJ), which had been asked to determine whether an accelerated asylum process — one that enables authorities to promptly return migrants coming from countries not embroiled in war or enduring major crises — complies with EU law.

According to the court’s decision, EU member states have the right to designate specific countries as safe countries of origin in order to expedite asylum procedures. However, this is permissible only if the authorities involved in such decisions disclose the sources they relied upon for the designation.

"The sources of information on which such a designation is based must be sufficiently accessible, both for the applicant and for the court or tribunal having jurisdiction," the EU’s top court stated in its written ruling.

A second condition emphasized by the court is that a country may only be designated as safe if it provides adequate protection for its entire population — including ethnic, religious, or other minority groups.

While the ECJ clarified that having a fast-track asylum procedure in itself does not contravene EU law, it stressed that the designation of safe countries must remain open to judicial oversight. This ensures that migrants have the legal means to challenge decisions made on their asylum claims.

Italian Prime Minister Giorgia Meloni voiced her disapproval of the ECJ’s ruling concerning the classification of safe countries of origin. She argued that the decision imposes further restrictions on the already narrow scope available to national governments when it comes to handling immigration issues.

"This is a step that should worry everyone," Meloni said. "The court's decision weakens the policy to combat illegal mass immigration and to protect national borders."

The case originated from the situation of two Bangladeshi nationals who had been rescued at sea by the Italian navy last year. Following their rescue, they were transported to a detention facility in Albania.

As Bangladesh is included on Italy’s list of countries considered safe, the two individuals’ asylum claims underwent a rapid assessment process, which ultimately led to the rejection of their requests.

However, an Italian court ruled last year that migrants from Bangladesh and Egypt could not be returned immediately, stating that those countries did not meet the necessary standards of safety.

The judges at the Rome District Court, which referred the case to the Luxembourg-based ECJ, will now determine whether the procedure was appropriately applied in the case of the two Bangladeshi nationals.

The implementation of fast-track asylum processes and the use of facilities in Albania are part of broader efforts by Meloni’s government to reduce the number of migrants entering Italy. These initiatives have been the subject of considerable debate and legal scrutiny.

Italian courts have already issued rulings against aspects of these policies, and several cases have been referred to the EU’s top court for interpretation and clarification.

Critics, including opposition politicians, argue that the policies are expensive, overly complex, and harmful to migrants' rights. A monitoring group consisting of non-governmental observers stationed in Albania has also expressed concern, saying the process deprives migrants of necessary assistance in pursuing their asylum claims.