In its judgment no. 33398/2024, delivered on 19 December 2024, the Supreme Court ruled on the scope of judicial review in relation to the designation of “safe countries of origin” as set forth in the ministerial decree of 7 May 2024.
The Court clarified that, when reviewing an appeal against the rejection of an application for international protection submitted by an applicant from a country designated as safe, the judge is entitled to assess whether the conditions for the lawful designation of that country as “safe” have been met.
With regard to the conditions under which this judicial review may be exercised, the Court clarified that the judge must assess whether the designation of a country as “safe” poses a concrete risk of denying international protection to individuals who, in their country of origin, may be subjected to serious violations of fundamental rights that are inherent to human dignity.
The Court further stated that the judge may conduct such review incidentally and, if necessary, to disapply the ministerial decree establishing the list of safe countries of origin. This disapplication has no bearing on the formal validity or continued existence of the act itself.