15 May 2025

Safe for whom?

The EU’s notion of “safe countries of origin” is on increasingly shaky ground. In a recent Opinion, Advocate General de la Tour suggests that a country can still be deemed safe even when specific groups face serious threats there. This reinterpretation breaks with established case law and risks hollowing out core procedural protections for asylum seekers across Europe. It remains to be seen how this stance will influence the delicate balance between efficient processing and safeguarding fundamental rights. Continue reading >>
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07 May 2025

Longing for Safety before the European Court of Justice

On 10 April 2025, Advocate General de la Tour delivered his Advisory Opinion in the joined cases Alace and Canpelli dealing with the powers of Italy – and, by extension, other EU Member States – to legislate on what constitutes a “safe third country” and a “safe country of origin”. The AG confirmed that Italy can list a third country as “safe” when it is “generally” deemed as such, provided that this designation is compliant with EU law. This piece discusses how the human rights of applicants seeking international protection are likely to be hindered by this approach. Continue reading >>
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29 October 2024

Managing Migration the Italian Way

The Italy-Albania deal provides a new, some say innovative, approach to externalization in migration procedures. It differs from the current EU toolbox, raising issues related to these differences and the treatment of procedural rights. Where these issues arise and how they will be litigated nationally and/or in front of the ECJ is unclear but will shape migration discourses beyond Italy. Continue reading >>
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