In its Friday ruling, the ECJ stated that EU law permits states to designate “safe countries of origin” only if such determinations are subject to effective judicial oversight. The case was sparked by two Bangladeshi migrants whose asylum claims were rejected after being taken to Albanian centers under Italy’s policy. Italian judges had contested the government's failure to explain why Bangladesh qualified as a “safe” country.

The October 2024 decree by Meloni’s administration was found to lack justification, and thus did not allow for meaningful appeals. The court also reiterated that countries cannot be deemed “partially safe,” emphasizing the need to assess persecution risks for specific groups—a standard which will remain in place until new legislation takes effect in 2026.

According to rights group Freedom House, Bangladesh remains politically unstable and only “partly free,” with recurring political violence since the collapse of the Awami League’s 15-year rule in 2024.

Italy’s Albania Scheme Faces Legal, Political Hurdles

Meloni’s 2023 agreement with Albania enabled Italy to process asylum claims offshore in two Albanian towns—Gjadër and Shëngjin—targeting migrants from countries unilaterally deemed “safe” by Rome. Between October and January, Italy transferred several groups, mainly from Bangladesh, Egypt, Ivory Coast, and Gambia.

However, Italian courts repeatedly ruled that these individuals had the right to have their asylum requests reviewed on Italian soil. Meloni criticized the judiciary for overstepping, issuing a new list of safe countries, and requesting legal clarification from the ECJ on the government’s authority.

While awaiting the ruling, Italy continued using the Albanian centers to detain migrants whose claims had already been rejected and who were pending deportation. Meloni has vowed to push ahead with the offshore model, arguing that it deters risky sea crossings across the Mediterranean.