Publication date: 13 May 2025
This EMN Inform maps how EMN Member Countries organise their first instance appeals procedures and examine operational changes implemented between 2018 and 2024. It delivers a comprehensive comparative analysis, reflecting on procedural safeguards, key challenges, and good practices observed across the EU.
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Main theme: Vulnerable groups, International Protection
Publication Type: Informs
Keywords: right to an effective remedy, asylum procedure, procedure for international protection, first instance, appeal procedure, time limit, suspensive effect, procedural guarantee
The Court of Justice rules that designating a country as ‘safe’ must allow effective judicial review
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The Court of Justice of the European Union has ruled that a Member State may designate a third country as a ‘safe country of origin’ by legislative act, provided that the designation can be subject to effective judicial review. The judgment clarifies that the sources used for such a designation must be accessible to both applicants and courts. The Court also stated that a country cannot be listed as ‘safe’ if it does not offer adequate protection to all its population.