The EU's top court has ruled that an EU country can designate “safe countries” for the processing of migrants through national legislation, but must be able to explain to judges how it reached that conclusion.
The European Court of Justice's Advocate General on Thursday issued an opinion on two cases concerning the interpretation of the “safe third country” concept currently before the European Commission.
The opinion says governments can draw up their own lists of safe countries for the purposes of returning or processing migrants, but those designations should be subject to judicial review by national courts.
While this opinion is not binding, it will provide important guidance for the Court's final decision in cases scheduled for hearing in May or June.
If a final decision is made after the conclusion, it could create obstacles for governments seeking to circumvent the courts by outsourcing the processing of asylum claims or sending migrants to other countries, as in the deals between Italy and Albania or the UK and Rwanda.
The case arose from a request by the Rome Tribunal regarding an agreement between Italy and Albania that refused to recognise as lawful the detention of migrants rescued in the Mediterranean and sent to centres in Albania, on the grounds that they originated from countries that Italy, under national law, considered “safe”.
Advocate General Richard de la Tour took the view that in order for a national court to assess the legality of such a determination, it must “have at its disposal the sources of information on which it is based”.
He added that simply labelling a country as “safe” could not exempt it from legal challenge, as it would effectively deprive the current EU asylum procedure directive of “any practical effect”.
The attorney general also says a country can be considered “safe” for most even if some groups are at risk, as long as it is a democracy that offers protection and those groups are explicitly excluded from the definition.
The ruling comes as Italy prepares to open its migration centres in Albania, despite transfers allegedly being suspended pending a final ruling on the cases.
Despite the delay, about 40 migrants awaiting deportation are expected to be transferred to one of the Albanian centres this week.
(ohm)
Source: Source
