In a significant decision issued on Friday, the European Court of Justice (CJEU) has tightened the criteria EU member states must adhere to when designating "safe countries of origin" for the purpose of expediting asylum processing. This ruling underscores the necessity for rigorous and transparent evidence, coupled with robust judicial scrutiny, to uphold such classifications.

The court's decision emerged from a case involving two Bangladeshi asylum seekers who were transferred from Italy to Albania, only to have their applications quickly rejected based on Italy's assessment of Bangladesh as a "safe" country. The CJEU criticized Italy for insufficient transparency and a lack of procedural safeguards, declaring the practice out of step with EU law.

This ruling casts a shadow over the "Albania model" championed by Italian Prime Minister Giorgia Meloni, which involves detaining and processing asylum seekers outside EU borders. Legal analysts suggest this judgment could spell the end for Italy's current approach. Dario Belluccio, legal counsel for one of the asylum seekers, remarked, "It will not be possible to continue with what the Italian government had envisioned before this decision."

Prime Minister Meloni reacted to the CJEU’s verdict by labeling it as "surprising" and "politically motivated," arguing that it deprives governments of essential tools to tackle mass illegal immigration and secure national borders. However, the court emphasized that a nation cannot be deemed safe universally unless it guarantees protection for all demographic groups within its borders. This aligns with previous domestic legal opinions that have challenged broad classifications of safety.

Additionally, similar issues are unfolding in Germany, where recent legal challenges have arisen against its tightened asylum policies. In June, the Berlin Administrative Court ruled that Germany's practice of immediately turning away asylum seekers at the border was illegal, violating the EU’s Dublin III Regulation, which requires individual assessment and bars summary expulsions without due process.

As the EU’s Migration and Asylum Pact nears its implementation in June 2026, these rulings from the CJEU and the Berlin court signal a significant realignment of national migration enforcement policies with broader EU legal standards, reshaping the legal landscape of asylum procedures across the continent.