The European Court of Justice has ruled that a country can only be considered a "safe country of origin" in terms of migration if adequate security is guaranteed to all population groups. Otherwise, fast-tracked asylum procedures are not permissible. This decision could create an explosive situation in European migration policy.

What makes the ruling particularly controversial is that the information sources used for classification must be transparent and accessible to both the courts and the asylum seekers, Exxpress reported.

The ruling was made in the case of two Bangladeshi migrants who, after being rescued in the Mediterranean, were transferred to a refugee centre in Albania. Their asylum applications were rejected in an accelerated procedure because Bangladesh was designated as a „safe” country. However, the European Court of Justice (ECJ) prioritised the interests of the refugees and stated that the Italy did not cite specific sources, which constitutes a clear violation of EU law.

Under the Italian model, migrants from safe countries of origin are to be transferred outside the EU. According to experts, this is the only viable path to stem the flow of refugees into Europe: outside the EU’s borders.

Prof. Markus C. Kerber warnt gegenüber dem exxpress: Die Luxemburger Richter entmachten die Mitgliedstaaten – und öffnen der Masseneinwanderung Tür und Tor. https://t.co/58ump3HdoK

— exxpress (@exxpressat) August 2, 2025

Several European countries maintain lists of so-called safe countries of origin. However, the ECJ’s decision could legally challenge these classifications – for example, if homosexuals, women, or religious minorities are not ensured adequate protection in their country of origin. Another issue is that courts will, in the future, have to check whether such classifications are based on up-to-date and verifiable information.

According to German constitutional lawyer Markus C. Kerber, such rulings will soon lead citizens to view the EU as an organisation acting against their own interests.

The Berlin-based professor stated:

”With its ruling on the procesing of asylum applications outside Italy, the European Court of Justice reduces the EU’s rule-of-law concept to absurdity.”

The European Court of Justice Strips Nation States of Their Power

Markus C. Kerber also pointed out that the ECJ is forcing member states to adopt an “overly bureaucratised process,” which ultimately renders national asylum policies unworkable and strips nation states of their power and competence.

„The strengthening of the judiciary by the ECJ regarding the processing of asylum requests leads to the castration of EU member states’ migration policies,”

said the professor.

Migrants stand on the deck of a ship after disembarking from a cargo vessel, before being transferred at the port of Lavrio, in southern Athens, on 10 July 2025 (Photo: AFP)

The article in Exxpress reads:

It is clear that „social systems are collapsing, and the majority society’s willingness to receive migrants is drastically declining.” However, the Court is forcing member states into a rigid procedure „that makes it impossible to control unwanted migration.”

The professor quoted by the paper emphasized that public opinion will increasingly perceive the EU as an organisation acting against its own citizens. He added:

“What if suddenly three million people are at the border from an unsafe country? Are we supposed to admit them all?”

Well-intentioned justice protects the rights of all non-EU citizens while puts Europe’s future at risk,

commented Andreas Rosenfelder, editor-in-chief of WELT, on the ruling.