The CJEU on the Banglians side. The adoption of Ukrainians does not justify Ireland and Italy
The Irish authorities refused to accommodate both men who applied for asylum in connection with the lack of places in special centers. They referred to the mass influx of Ukrainians after the Russian invasion in 2022 as “higher force”, while admitting that they were aware of the fact that it was a violation of Union law.
However, the CJEU ruled on Friday, in such a situation, the directive on accepting people for international protection provides that Member States must “meet the basic needs of such people.” In connection with Ireland had no right to rely on the influx of Ukrainians as an extraordinary circumstance.
The Tribunal stated that the Member State, which failed to ensure the basic benefits of the Applicant, which was deprived of sufficient funds, even if temporarily, “goes in an obvious and serious way beyond the scope of recognition, which it has in relation to the use of the directive.” “Such omissions can therefore be a sufficiently significant violation of Union lawleading to the responsibility of a given Member State ” – it was written in the ruling.
The matter of placing two migrants in the Albanian center
Answers to a preliminary court questions in Italy were also answered, which considers the complaint of two Bangladesh citizens. The men submitted applications for international protection after they were saved at sea. The documents were considered by Italian services in the accelerated mode on the border. Pursuant to the law adopted in 2024, Bangladesh is considered a “safe country of origin”, therefore the conclusions were rejected and the men were placed at the Detective Center in Albania.
The Roman court, which considers the complaint of Bangladesh citizens, has reservations about the legislative act of 2024, because it did not provide sources of information on which the Italian legislator based, classifying the country as safe. In the opinion of the Italian court, the applicant and the court were deprived of the possibility of questioning and the possibility of checking the security.
The Court of Justice considered the court's doubts justified. It was ruled that EU law did not prevent the Member State to consider a third country to be a safe country of origin by way of a legislative act, provided that this recognition may be subject to effective court review regarding respect for material criteria specified in EU law. He also agreed that The sources of information on which such recognition is based on, must be available enough for the Applicant and the Court.
In addition, the CJEU stated that Italy should refrain from recognized as a “safe” country that does not meet the material conditions of such recognition. They will have such an opportunity when the current directive is replaced by a new regulation, allowing exceptions, which will start on June 12, 2026.
However, the judgment of the Tribunal does not resolve domestic disputes – Courts in Italy and Ireland will do it.
