Joined Cases C-758/24 and C-759/24, Alace and Canpelli: Judgment of the Court (Grand Chamber) of 1 August 2025 (requests for a preliminary ruling from the Tribunale ordinario di Roma – Italy) – LC, CP v Commissione territoriale per il riconoscimento della protezione internazionale di Roma – sezione procedure alla frontiera II (Reference for a preliminary ruling – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Articles 36 and 37 – Concept of safe country of origin – Designation by means of a legislative act – Annex I – Criteria – Article 46 – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Examination, by a court, of a Member State’s designation of a third country as a safe country of origin – Publicisation of the sources of information on which that decision is based)
Date: 2025-08-01
Institutions: Court of Justice
Subjects: anti-discriminatory measure, asylum seeker, foreign national, international protection, public safety, right of asylum, right to justice, third country








C_202505197EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5197


6.10.2025






Judgment of the Court (Grand Chamber) of 1 August 2025 (requests for a preliminary ruling from the Tribunale ordinario di Roma – Italy) – LC, CP v Commissione territoriale per il riconoscimento della protezione internazionale di Roma – sezione procedure alla frontiera II


(Joined Cases C-758/24 and C-759/24,
                (1)
Alace and Canpelli
                (2)
)

(Reference for a preliminary ruling - Asylum policy - Directive 2013/32/EU - Common procedures for granting and withdrawing international protection - Articles 36 and 37 - Concept of ‘safe country of origin’ - Designation by means of a legislative act - Annex I - Criteria - Article 46 - Right to an effective remedy - Article 47 of the Charter of Fundamental Rights of the European Union - Examination, by a court, of a Member State’s designation of a third country as a safe country of origin - Publicisation of the sources of information on which that decision is based)
(C/2025/5197)
Language of the case: Italian

Referring court

Tribunale ordinario di Roma

Parties to the main proceedings


Applicants: LC (C-758/24), CP (C-759/24)

Defendant: Commissione territoriale per il riconoscimento della protezione internazionale di Roma – sezione procedure alla frontiera II

Operative part of the judgment







1.


Articles 36 and 37 and Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,
must be interpreted as not precluding a Member State from designating third countries as safe countries of origin by means of a legislative act, provided that that designation can be subject to judicial review as regards compliance with the material conditions for such a designation, set out in Annex I to that directive, by any national court or tribunal hearing an action brought against a decision taken on an application for international protection, which had been examined under the special scheme applicable to applications lodged by applicants who are from third countries designated as safe countries of origin.










2.


Articles 36 and 37 and Article 46(3) of Directive 2013/32, read in the light of Article 47 of the Charter of Fundamental Rights, must be interpreted as meaning that:






—


a Member State, which designates a third country as a safe country of origin, must ensure that there is, in respect of the sources of information, within the meaning of Article 37(3) of that directive, on which that designation is based, sufficient and adequate access that must, on the one hand, enable the applicant for international protection concerned, who is from that third country, to defend his or rights under the best possible conditions and to decide with full knowledge of the facts whether it is useful to bring his or her case before the court or tribunal having jurisdiction and, on the other hand, enable that court or tribunal to review a decision taken on the application for international protection;










—


the national court or tribunal hearing an action brought against a decision taken on an application for international protection, which had been examined under the special examination scheme applicable to applications lodged by applicants who are from third countries designated as safe countries of origin, may, when it verifies, even indirectly, whether that designation complies with the material conditions for such a designation, set out in Annex I to that directive, take account of the information which it has itself gathered, provided, first, that it satisfies itself that that information is reliable and, second, that it guarantees the parties to the dispute that the adversarial principle is observed.














3.


Article 37 of Directive 2013/32, read in conjunction with Annex I to that directive,
must be interpreted as precluding a Member State from designating as a safe country of origin a third country which does not satisfy, for certain categories of persons, the material conditions for such a designation, set out in Annex I to that directive.






(1)  OJ C, C/2025/384, C/2025/385.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2025/5197/oj
ISSN 1977-091X (electronic edition)