EU court tightens guidance for “safe country” designation on migration

The EU's top court has opined that an EU country may designate “safe countries” for migrant processing through national legislation, but must be able explain to judges how they came to such a conclusion.

An Advocate General of the European Court of Justice issued an opinion on Thursday on two cases related to the interpretation of the "safe third country" concept – currently under review by the European Commission.

The opinion states that governments can draw up their own lists of safe countries for the purposing of migrant returns or processing, but these designations should be subject to judicial review by national courts.

While the opinion is non-binding, it will serve as strong guidance for the Court's final judgment in the cases, due in May or June.

If the final ruling follows the opinion, it could pose obstacles for governments aiming to bypass courts by outsourcing asylum processing or sending migrants to other countries, as seen with the Italy-Albania or UK-Rwanda agreements.

The case stems from a referral by the Rome Tribunal regarding the Italy-Albania deal, which refused to validate the detention of migrants rescued in the Mediterranean and sent to centres in Albania – based on their origin from countries Italy labelled as “safe" through a national law.

For a national court to be able to assess the legality of such a designation, it must “have at its disposal the sources of information on which that designation is based,” Advocate General Richard de la Tour opined.

He added that merely designating a country as "safe" cannot exempt it from legal challenge, as doing so would effectively deprive the EU's current asylum procedure directive "of all practical effect.”

The Advocate General also states that a country can be labeled "safe" for most, even if some groups face risks, as long as it’s a democracy offering protection and those groups are explicitly excluded from the the definition.

The opinion was handed down as Italy moves to make its migrant centres in Albania operational, despite transfers ostensibly being on hold pending the final judgement in these cases.

Despite the delay, around forty migrants awaiting deportation are expected to be transferred this week to one of the Albanian centres.

(om)