Judicial Dialogue on ‘Safe Country of Origin’ Designations: Implications of Recent CJEU Rulings and National Court Referrals

The paper examines the evolving judicial dialogue between national courts and the Court of Justice of the European Union (CJEU) concerning the ‘safe country of origin’ concept under Directive 2013/32. The recent judgment in Ministerstvo vnitra České republiky (C-406/22) clarified that a third country can only be designated as ‘safe’ if its entire territory meets the required safety conditions. This ruling has prompted a wave of preliminary references from Italian courts, including cases from Florence, Bologna, Rome, and Palermo, addressing the interpretation of ‘safe country’ designations and their implications for asylum law. In response to this judgment, Italy amended its legal framework through Decree Law 158/2024, eliminating territorial exceptions while maintaining personal exceptions. Additionally, a German referral from the Berlin Administrative Court (29 November 2024) raises similar issues regarding the designation of Senegal as a safe country. The paper explores how these judicial engagements shape the interpretation of EU asylum law and the role of judicial dialogue in ensuring effective legal protection for asylum seekers across Europe.