Top EU court rebukes Italy over Albania migrant transfers
The hard-right government of Prime Minister Giorgia Meloni denounced the European Court of Justice's ruling and said it "weakens policies to combat mass illegal immigration".
Meloni's plan to outsource migrant processing to a non-European Union country and speed up repatriations of failed asylum seekers has been followed closely by others in the bloc.
The costly scheme has been frozen for months by legal challenges.
Italian magistrates have cited the European court's decision that EU states cannot designate an entire country as "safe" when certain regions are not.
In its ruling published Friday, the court did not contest Italy's right to designate so-called "safe countries of origin".
"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," it ruled.
It furthermore said the sources of information on which the government's "safe country" designation is based should be accessible both to the defendant and to courts.
In the case considered by the court, two Bangladeshi nationals taken to an Albanian migrant centre were denied the possibility of "challenging and reviewing the lawfulness of such a presumption of safety".
"A Member State may not designate as a 'safe' country of origin a third country which does not satisfy, for certain categories of persons, the material conditions for such a designation," it said.
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