EU member states can designate specific nations as safe to expedite the processing and rejection of asylum applications, but only if they adhere to strict legal criteria. This was clarified by the EU Court on Friday, following a case related to Italy’s asylum policies that could influence other countries.
The court emphasized the necessity for applicants and judicial bodies to have access to the evidence that supports these classifications, allowing affected individuals the chance to contest decisions. Ditte Brasso Sørensen, a senior analyst at the think tank Europa, noted the balance being struck: member states gain the authority to make such determinations, while the EU seeks further harmonization through established frameworks.
The case involved two Bangladeshi individuals rescued at sea by Italian officials, who were then moved to an Albanian center where their asylum claims were denied under Italy’s designation of Bangladesh as a safe country. An Italian court sought clarification from the EU Court regarding the government’s ability to compile a list of safe countries, the obligation to disclose the bases for such decisions, and the criteria for safety assessments.
Sørensen speculated that Italy would likely be pleased with the ruling. The EU Court also stated that a country can only be labeled as safe if it is secure for everyone, not just specific demographic groups. Additionally, Denmark remains outside EU cooperation on immigration policy due to its opt-out on justice issues.
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