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04/06/2024
IT: The Tribunal of Firenze referred questions before the CJEU on interpretation of the recast APD on criteria for designation of a third country as safe country of origin.
04/06/2024
IT: The Tribunal of Firenze referred questions before the CJEU on interpretation of the recast APD on criteria for designation of a third country as safe country of origin.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4576
Case history

Identical questions were submitted by the same tribunal in a case concerning an applicant from Nigeria - C-388/24 [Oguta]

Other information
Abstract

The case is registered under C-389/24 [Daloa]


The Ordinary Tribunal of Firenze referred the following question to the CJEU:


Primarily, must EU law, Articles 36, 37 and 46 of Directive 2013/32/EU in particular, be interpreted as precluding a Member State from designating a country as a safe country of origin subject to the exclusion of categories of persons at risk, in respect of whom the presumption of safety does not apply, and must, therefore, in such a case, the country as a whole not be regarded as a safe country of origin for the purposes of the directive?


In the alternative, if that method of designation is not held to be prohibited absolutely by EU law, does EU law preclude a national rule that designates a safe country of origin with personal exclusions that, by number and type, are difficult to ascertain, given the tight time-frame of the accelerated procedure (in particular “prisoners; persons with physical or mental disabilities; albinos; HIV-positive persons; LGBT community; victims of discrimination on the basis of gender, including victims and potential victims of FGM; victims of trafficking; journalists”), and must, therefore, in such a case, the country as a whole not be regarded as a safe country of origin for the purposes of the directive?


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunale]
Case Number
Date of Decision
04/06/2024
Country of Origin
Côte d'Ivoire
Keywords
Assessment of Application
Safe country of origin