The ECJ has warned Italy that securing a country requires judicial control and guarantees of access to information

When a European country rejects an asylum application on the grounds that the person  comes from a 'safe country', the decision may be reviewedby a judge and must be based onclear information  that theperson concerned must have access to, according to a judgment issued this Friday bythe European Court of Justice 0(TJUE).

The case concerns amigrant from Bangladesh who was rescued in the Mediterranean  and who was taken by the Italian authorities to a detention centre in Albania, where he was refused asylum because Italy considers Bangladesh to be a safe country and therefore there was no reason to provide international protection.

The Court of Justice of theEuropean Union has now warned that this approach cannot be automatic: there must be effective judicial control and the migrant must have access to information justifying this classification of his country as' safe '.

Furthermore, the judgment stresses that a country cannot be included in the list of safe countries of origin withoutsufficient protection for the entire population . In this context, Europe recalls that the level of protection must be guaranteed to all citizens and therefore cannot be considered safe if it does not meet the criteria for being considered as such for certain categories of persons.

Meloni accuses the ECJ of exceeding its powers

In this context, the ItalianPrime Minister, Giorgia Meloni , has criticised the 'surprising'decision of the Court of Justice of the European Union, which, in her view, means that European jurisdiction claims' rights that do not belong to it '. 

Meloni believes that "we should all be concerned"because" it further restricts the limited possibility for governments and parliaments to regulate and administer migration, "and the decision generally" weakens policies to combat mass illegal immigration and protect national borders. "

According to Meloni, it is' obvious' that this should happen a few months beforetheentry into force of the EU Treaty on Immigration and Asylum , a new regulation which tightens the criteria for identifying these countries.

The Italian Government financestwo centres for the expulsion of immigrants intercepted in the central Mediterranean without the right to asylum. The list of "safe countries" in Italy includes Egypt, Bangladesh and Tunisia, although some human rights groups have documented abuses against minorities.