On August 1, 2025, the Court of Justice of the European Union (CJEU) delivered a significant decision, ruling on tightened legal requirements for how EU member states may designate “safe countries of origin” for the purpose of accelerated asylum procedures.

The case concerned two Bangladeshi nationals rescued by the Italian authorities who were transferred to a detention center in Albania, under the Italy–Albania Protocol. While they applied for international protection, the Italian authorities processed their applications under the accelerated border procedure and rejected their claims as unfounded, reasoning that Bangladesh was classified as a “safe country of origin.” The applicants challenged these rejection decisions before the Italian courts.

The Court held that the EU law does not prevent member states from designating third countries as a “safe country of origin” through legislation, provided such designations are subject to effective judicial review. The judicial review must assess whether the designation meets the criteria set out in Annex I to the Directive 2013/32/EU. The Court also emphasized that the information used to support such a designation must be sufficiently accessible to the applicant, as well as the competent court in order to ensure effective judicial protection.

Further, the CJEU stated that until the new regulation enters into force, EU member states cannot designate a country as safe if it does not meet the material conditions for all categories of persons. The new regulation, which is scheduled to apply from June 12, 2026, will for the first time permit designations with explicit exceptions for identifiable groups.