Polly Botsford’s article, “CJEU ruling on ‘safe’ countries offers crucial legal protection to migrants,” explores a pivotal judgment from the Court of Justice of the European Union (CJEU) that impacts Italy’s offshore asylum processing plan. The CJEU safe country ruling, which involves Italy’s agreement with Albania to repatriate migrants deemed from ‘safe’ countries, bolsters legal protections for migrants by ensuring the right to challenge such designations.

Alex Stojicevic, an officer of the IBA Immigration and Nationality Law Committee, emphasizes that the CJEU safe country ruling is a necessary consequence of national governments attempting to unilaterally decide what constitutes a ‘safe’ country without the possibility of legal challenge. The ruling mandates that any designation of a ‘safe’ country must be open to effective legal challenge, with accessible sources of information and evidence. This decision has prompted 16 EU Member States to intervene, fearing a surge in legal challenges that could strain their judicial systems.

The CJEU’s judgment also highlights the ongoing debate surrounding the EU’s Pact On Migration and Asylum, set to come into effect in 2026. The Pact broadens the criteria for what can be considered a ‘safe’ country, potentially making it easier to declare countries safe while still allowing challenges based on individual circumstances, such as religion or sexuality.

Stojicevic warns that despite the legal protections afforded by the judgment, the EU’s approach to immigration may become more restrictive. He notes that whole countries could be declared safe, complicating challenges to such designations and possibly aligning with more aggressive deportation policies seen in countries like Canada, Australia, and the U.S.

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Alex Stojicevic is a respected immigration lawyer and Managing Partner at MKS Immigration Lawyers in Vancouver, known for his expertise in complex immigration law. We remain steadfast in delivering exceptional legal services. Ready to discuss your immigration needs? Schedule a consultation with MKS Immigration Lawyers today.