CJEU (GC), 4 October 2024, Ministerstvo vnitra České republiky, odbor azylové a migrační politiky, C-406/22, EU:C:2024:841

Safe or Not? Some Much-Awaited Clarification on the Designation of Safe Third Countries of Origin by the CJEU

Résumé

The Grand Chamber of the Court of Justice of the European Union determined the extent of Member States’ authority to designate third countries as “safe countries of origin”, whether in their entirety or only in certain regions. It also held on the scope of review of the safety designation by the national court hearing an appeal against a decision rejecting an application for international protection. The ruling is likely to have a significant impact on Member States’ variable approaches to the designation of third countries as “safe”: up-to-date safety assessment by the authorities, exclusion of territorial exceptions under Directive 2013/32/EU and broad power of the judge to examine the material conditions regarding designation. The judgment has already had important consequences on the suspension of accelerated and border procedures in Italy, raising extensive debate about the role of national judges in evaluating safe country national lists.