Migrants, EU Court: designation of safe countries must be assessed by judges

Brussels, 1 August (LaPresse) – The designation of a third country as a “safe country of origin” must be subject to effective judicial review. This was stated by the Court of Justice of the European Union in a ruling on the Italy-Albania protocol. According to the Court, a third-country national may have his application for international protection rejected following an accelerated border procedure if his country of origin has been designated as “safe” by a Member State. The Court specifies that such a designation may be made by means of a legislative act, provided that the latter is subject to effective judicial review of compliance with the substantive criteria laid down by EU law. Furthermore, the sources of information on which that designation is based must be accessible to the applicant and to the national court. However, a Member State may not include a country in the list of safe countries of origin if that country does not offer sufficient protection to all its population.