The European Court of Justice (ECJ) has issued a landmark ruling that raises the standard for EU countries when designating “safe countries of origin” in asylum procedures.
According to the Court, a country can only be considered safe if all groups within its population – including LGBTQ+ people, women, political opponents and other vulnerable communities – enjoy real and effective protection from persecution or serious harm. If any section of society faces targeted violence, discrimination, or systemic neglect, the “safe” status is invalid.
Greater Transparency and Legal Oversight
EU law allows member states to define which countries they view as safe. However, the ECJ ruled that these designations must be open to legal scrutiny. This means governments must reveal the sources and evidence used to justify their safe-country lists so that courts and asylum-seekers – can properly assess and challenge them.
The case was linked to Italy’s contentious “Albania model”, where migrants mainly single men from countries such as Bangladesh – were to be transferred to offshore processing centres in Albania under a fast-track procedure. The ECJ found that Italy had not provided sufficient information on how it determined certain countries to be safe, limiting the ability to challenge these decisions.
Political Reaction
Italian Prime Minister Giorgia Meloni has criticised the verdict, accusing the Court of overstepping its authority and interfering with national migration policy. The ruling casts doubt over her flagship migration plan, which has faced delays and legal hurdles.
Implications Across the EU
Human rights groups have welcomed the judgment as a step towards fairer asylum procedures. Legal experts say it could also affect other EU countries, including Germany, which keeps a list of safe countries such as Georgia and Moldova. These classifications may now face tighter legal examination under the ECJ’s interpretation.
The decision comes ahead of the implementation of the Common European Asylum System (CEAS) in mid-2026, which will permit specific exemptions for identified vulnerable groups. Until then, the ECJ has made it clear: a country cannot be deemed fully safe if even one part of its population remains unprotected.
Why It Matters for African Asylum-Seekers
For African migrants seeking protection in Europe, the ruling reinforces the importance of individual case reviews and access to legal challenges. It places the burden on governments to prove that a country offers safety to everyone – potentially improving the chances for applicants from marginalised groups to have their claims fully considered.
Felix Dappah