The Bologna tribunal has referred a recent Italian government decree on migrant repatriation to the European Court of Justice (ECJ). This decree lists 19 countries as “safe” for repatriation, including Bangladesh, Algeria, and Tunisia, which the government considers suitable for returning migrants.
The tribunal seeks clarification on what parameters determine a country’s “safety” status and whether EU law should take precedence over Italian law in cases of conflict, according to judicial sources.
The referral emerged after an appeal by a Bangladeshi asylum seeker, who opposed a decision from Italy’s territorial commission on international protection. This appeal raises broader concerns about the government’s approach to migration and its classification of certain countries as “safe” zones. The tribunal’s decision challenges the government’s flagship immigration strategy, which includes processing centres in Albania.
Albania processing of migrants already faced setback
This strategy faced initial setbacks. Earlier this month, a Rome court overturned the detention of 12 migrants from Bangladesh and Egypt at the Albanian processing centre, ruling that neither country met the criteria for “safety.” The court ordered their immediate return to Italy.
In response, Prime Minister Giorgia Meloni’s government created a new decree, adding legislative force to classify 19 countries as safe and limiting the scope for Italian courts to intervene. The decree explicitly references an October 4 ECJ ruling as a basis to prevent judicial reversals.
Human rights organisations have criticised the decree.
The Bologna tribunal also expressed concerns over blanket classifications of entire countries, referencing historical examples such as Nazi Germany. While the country was ostensibly safe for many citizens, it persecuted minorities, a fact that complicates the idea of a “safe country” list.
The 19 countries currently classified as “safe” are: Albania, Algeria, Bangladesh, Bosnia-Herzegovina, Cape Verde, Cote d’Ivoire, Egypt, Gambia , Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro, Peru, Senegal, Serbia, Sri Lanka and Tunisia.
