On October 18, the Ordinary Court of Rome did not validate the detention orders for 12 migrants held in the Gjader detention center, in Albania. The orders in question are grounded in a ruling by the Court of Justice of the European Union dated October 4, 2024 (Case C 406/22), which addressed a matter of significant importance: the designation of a “safe country of origin.” According to the Court, it is essential that a country, in order to be designated as “safe,” ensures such safety in a general and uniform manner throughout its entire territorial area.

Based on the principles expressed by the Court of Justice of the European Union, the judges of the Rome Court concluded that the countries of origin of the detainees (Bangladesh and Egypt) cannot be recognized as safe countries. Consequently, the applicants for protection are entitled to regain their personal freedom by being transferred to Italy.

On October 23, 2024, the text of Decree-Law N. 158/2024, titled “Urgent Provisions Regarding Procedures for the Recognition of International Protection,” was published in the Gazzetta Ufficiale. The decree has amended the list of safe countries of origin, which will now be determined directly by primary legislation, narrowing the list to the following countries: Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Cape Verde, Ivory Coast, Egypt, Gambia, Georgia, Ghana, Kosovo, North Macedonia, Morocco, Montenegro, Peru, Senegal, Serbia, Sri Lanka, and Tunisia. As stipulated by the new paragraph 4 bis, this list must be periodically updated through a legislative act and communicated to the European Commission.

Following the ruling of the Court of Justice on October 4, 2024, Article 2 bis now retains only the reference to "categories of persons" as an exception for the designation of a safe country of origin, while eliminating the exception concerning parts of the territory.

Please find attached the Decree-Law No. 158/2024.