Italian court rules only government can decide safe countries

Rome, December 31, 2024 – Italy’s top court has ruled that the government alone has the authority to designate “safe countries” for migrants, delivering a decisive verdict in an ongoing immigration debate.

The Court of Cassation’s decision addresses the case of migrants intercepted near the Albanian towns of Gjadër and Shëngjin. In its ruling, the court stated that it is up to the Prime Minister and the Ministry of Foreign Affairs to decide whether a country is safe for returning migrants.

Government appeal upheld

The ruling follows an appeal by the Italian government against a Rome court decision in October that invalidated earlier efforts to detain migrants in Albania. Judges concluded that only the government can make such determinations, based on broader strategic assessments.

EU court findings cited

The court also referred to a recent European Court of Justice decision, clarifying that a country cannot be deemed universally unsafe unless it poses specific risks to certain groups of people. This ensures compliance with EU standards on asylum protections.

Deportation plans back on track

Prime Minister Giorgia Meloni recently announced that deportation operations to camps in Gjadër and Shëngjin will resume in January. The plans form part of Italy’s wider strategy to address migration pressures in partnership with Albania.

For now, the High Court has paused all measures related to this case, awaiting further guidance from the European Court of Justice.