ROME (AP) — Judges at the European Union’s top court ruled Friday that Italy may fast-track the deportation of migrants to countries it deems “safe,” but only under certain conditions.
The Court of Justice of the European Union was asked to weigh in on whether Italy’s accelerated asylum process — used to swiftly return migrants from countries not experiencing war or major crises — complies with EU law.
The case centered on two Bangladeshi nationals rescued at sea by the Italian navy last year and transferred to a detention center in Albania. Because Bangladesh appears on Italy’s list of “safe” countries, their asylum claims were fast-tracked and ultimately rejected.
Italy’s government, led by introduced the fast-track system and offshore as part of a broader strategy to reduce migration. Both measures have drawn widespread criticism.
and referred several cases to the EU’s court in Luxembourg for clarification.
Opposition politicians say the scheme is expensive, complicated and damaging to migrants’ rights. A non-governmental delegation observing the process in Albania says it during their asylum procedures.
The Luxembourg-based court on Friday said that while having a fast-track procedure doesn’t violate EU law, the designation of safe countries must be subject to judicial scrutiny so migrants can challenge their asylum decisions.
Meloni’s office expressed surprise at the ruling, insisting Italy’s migration policy is the purview of the executive and legislative branches and shouldn’t be subject to judicial review.
The decision “weakens policies to counter mass illegal immigration and defend national borders,” Meloni’s office said in a statement, adding that it “further reduces the already narrow margins of autonomy of governments and parliaments” to control migration.
Italian Justice Minister Carlo Nordio later added that the ruling “recognizes Italy’s right to designate a third country as a ‘safe country of origin’ even through a legislative act,” but he, too, was critical of the call for judicial reviews.
Advocates for migrants, however, heralded the decision. The Italian branch of Doctors Without Boarders said the decision created “a clear principle” that EU member states cannot declare a country safe without judicial review. “It is no longer possible to use opaque legislative acts lacking verifiable sources to justify the swift rejection of protection applications,” the group said.
The court ruling also noted a country cannot be deemed safe if there is insufficient protection for vulnerable groups. The country in question must be “safe for its entire population and not just for part of it,” the 22-page decision says.
An Italian court held last year that migrants from Bangladesh and Egypt because those countries are not safe enough.
Judges at the Rome District Court, which referred the case to Luxembourg, will have the final say in determining whether the procedure was correctly applied for the two Bangladeshi nationals. ___
Quell reported from The Hague, Netherlands.
