Publication details
Designation of the Safe Countries of Origin in EU Member States: Uniform Rules, Divergent Practices? CV v Ministerstvo vnitra ČR
| Authors | |
|---|---|
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Common Market Law Review |
| MU Faculty or unit | |
| Citation | |
| web | Web nakladatele |
| Doi | https://doi.org/10.54648/cola2025062 |
| Keywords | asylum law; safe countries of origin (SCO); judicial review; national courts; Asylum Procedures Directive |
| Description | This aritcle analyzes the developments in understanding the concept of the safe countries of origin in the European Union. It discusses the recent CJEU's judgment C-406/22 CV and its implications. It shows that this ruling imposes a stricter, uniform rule that requires full territorial safety for a country to be designated as a "safe country of origin". Then this article argues that, despite this ruling, tensions remain between the CJEU's interpretation and the political will of some Member States. Some Member States have different national lists of "safe countries of origin". The European Commission has proposed a common EU list, which would be mandatory, but Member States can still add their own countries to their national lists. The use of national lists is still permitted by the new asylum legislation, which could maintain divergent practices. The ruling also emphasizes the need for effective judicial review of national SCO designations, even as the EU moves towards more accelerated procedures. In sum, the recet CJEU's case law highlight the ongoing tension between the EU's goal of a more uniform asylum system and the reality of EU Member States retaining some discretion, especially regarding the designation of "safe countries of origin". |
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