On August 1, 2025, the European Court of Justice (ECJ) ruled on the requirements that member states must impose on so-called “safe countries of origin.” Asylum seekers can be rejected at the border in an accelerated procedure if they have fled from a country that is classified as “safe” by the destination country. Each EU country can determine a list of these safe countries of origin by law. In Germany, for example, ten countries of origin are currently considered safe: Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, North Macedonia, Montenegro, Moldova, Senegal, and Serbia. There is ongoing political debate about expanding this list.
Transparent laws and security for all
In its latest ruling, the ECJ has now clarified that the sources of information used to classify a country as a “safe country of origin” must be transparent, verifiable by national courts, and accessible to asylum seekers. In addition, the ECJ requires that “However, a Member State may not include a country in the list of safe countries of origin if that country does not offer adequate protection to its entire population.” This means that there must be no population groups in the country concerned who are at risk of persecution or discrimination, for example on grounds of gender, political opinion, sexual orientation, or a particular religious or ethnic affiliation.
Point of contention: Albanian reception camps
The ECJ’s examination of the criteria for “safe countries of origin” was prompted by the Italian government’s creation of reception camps in Albania for refugees from “safe countries of origin” in order to subject them to accelerated asylum procedures outside Italy. The list used for this purpose had led to legal disputes between the government and national courts, which then referred the matter to the ECJ.
However, the EU asylum law reform “GEAS” planned for mid-2026 (see tun24042201 and tun24042202) could change the legal situation now formulated by the ECJ and binding on all EU states.
To the ECJ press release: ECJ | Press release No. 103/25 (PDF)
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