Attuali e future questioni sul concetto di Paese di origine sicuro

Abstract

Current and future issues on the safe country of origin concept – The contribution aims at examining the main issues that the authorities called upon to implement the Safe Country of Origin (SCO) concept (will) have to deal with. To this end, the repercussions in the Italian legal system of the CJEU’s judgment in Case c-406/22 will be illustrated: first, the paper analyses the subsequent decisions by which some Italian Courts, recalling the principles enunciated by the CJUE, did not apply the national act designating SCOs in force at the time. Next, the various preliminary references submitted by Italian courts to the CJEU regarding the notion of SCO submitted will be investigated. Instead, the final part will focus on one of the main issues concerning the future application of the SCO concept, namely the impact that the common analysis of the EUAA will have on the designation of SCO.

Keywords: Safe country of origin; Judicial review; Exceptions for group of people; Accelerated procedures; Detention