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ECJ Upholds Italy’s Fast-Track Asylum Rejections but Questions Safe-Country List Legality

EU judges demanded public evidence of each safety designation to protect migrants’ right to challenge deportations

A drone view shows a migrant detention centre in Gjader, Albania, July 31, 2025. The facility was set up under an Italian government plan to process migrants rescued at sea. REUTERS/Florion Goga/File Photo
FILE - Migrants follow the authorities after their arrival in the port of Shengjin, northwestern Albania, Jan. 28, 2025. (AP Photo/Vlasov Sulaj, File)
Italian police officers stand at the entrance of a recently build Italian-run migrant centre at the port of Shengjin, some 60 kms northwest of Tirana, on October 11, 2024. Controversial camps set up in Albania to house migrants rescued in Italian waters are ready to start functioning, the Italian ambassador in Tirana said today. The deal, signed in November by Italian Prime Minister and Albanian counterpart, was sharply criticised by rights groups. They say it is illegal under international law, warning that Albania, a non-EU country offers limited protection for asylum seekers. (Photo by Adnan Beci / AFP) (Photo by ADNAN BECI/AFP via Getty Images)
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Overview

  • The European Court of Justice ruled Italy’s expedited rejection of asylum seekers from designated safe countries complies with EU law but must meet strict legal standards
  • Judges challenged the legitimacy of Italy’s safe-country list underpinning migrant processing centres in Albania
  • Italy’s offshore detention facilities remain empty after Italian courts halted transfers over legal and rights concerns
  • The ruling arose from the case of two Bangladeshi nationals whose asylum claims were swiftly denied under Italy’s safe-country classification
  • Prime Minister Meloni’s office called the decision surprising and detrimental to border controls while critics highlight the scheme’s cost and rights implications