Albania EU ruling draws boundaries for lists of safe countries of origin
The Court of Justice of the European Union (CJEU) has issued a ruling that raises the hurdles for determining safe countries of origin for accelerated asylum procedures. EU countries may only draw up such lists themselves if they disclose the sources for their assessment. The judges in Luxembourg also ruled that the entire population in the country must be safe.
01.08.2025, 11:07
SDA
The case concerned Italy's controversial "Albania model" for fast-track asylum procedures abroad. The designation of safe countries of origin is a basic prerequisite for implementing the model.
Anyone who comes from a so-called safe country of origin and applies for asylum in the EU can be rejected more quickly. EU countries can decide for themselves which countries they consider safe. In its ruling, the ECJ now stipulates that this assessment must be verifiable.
Furthermore, according to the ruling, member states may not - at least until a new EU asylum regulation comes into force - designate a third country as a "safe" country of origin if certain groups of people, such as homosexuals, are not safe there.
The background is Italy's "Albania model"
In the specific case on which the ECJ ruling is based, two people from Bangladesh appealed against the rejection of their asylum applications because their country of origin is classified as safe by Italy. They were among the migrants who were taken from Italy to camps in Albania.
The basic idea behind the "Albania model" is to examine asylum applications from adult male migrants who come from so-called safe countries of origin and are apprehended in the Mediterranean in fast-track procedures abroad. To this end, Italy has concluded an agreement with Albania to set up two camps on Albanian territory.
It is the prestige project of Italy's right-wing governing coalition under Prime Minister Giorgia Meloni, but is currently on hold due to resistance in the Italian judiciary. According to a report by the human rights organization ActionAid and the University of Bari, the centers were effectively only in operation for five days in 2024 - and at a very high cost.
Complaint by two refugees from Bangladesh
The two refugees from Bangladesh later came to Italy and took their case to court. Because the Italian court was not sure whether the Italian government's list of safe countries of origin was compatible with EU law, it turned to the ECJ.
The ruling by the highest European court is also groundbreaking for Germany, confirms migration law expert Pauline Endres de Oliveira. This is because Germany has also defined a list of safe countries. In addition to the EU member states, it includes the Western Balkan countries as well as Georgia, Ghana, Moldova and Senegal. "The European guidelines on the classification of safe countries of origin also apply here," says Endres de Oliveira.
According to the legal expert, it is unclear whether and how the "Albania model" can continue after the decision. "There are still numerous legal questions surrounding the 'Italy-Albania model'," explains the professor at Humboldt University Berlin. For example, whether the planned accommodation of asylum seekers in such centers would be legally equivalent to detention. This would be problematic, because according to international law, no one may be detained without a legal reason - and applying for asylum is not a reason for detention.
