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The Court of Justice of the European Union (CJEU) has issued a significant ruling that prohibits member states from designating a third country as a "safe" country of origin for only parts of its territory.
According to Pavlos Xanthoulli's article published in Kathimerini Cyprus in Greek, this decision raises legal barriers for efforts by Germany and Cyprus to facilitate the return of Syrian refugees to their home country amid ongoing conflict in the region.
The ruling is particularly relevant given the increasing number of Syrian refugees in Lebanon, which hosts over 1.5 million displaced individuals, according to UNHCR figures. The court determined that EU law does not permit a member state to label a third country as safe if certain areas do not meet the essential criteria for such classification.
The CJEU's interpretation of Article 37 of Directive 2013/32 sets a critical precedent, impacting all cases where countries are designated as "safe." The court emphasized that safety designations must apply uniformly across a country's territory. It noted, "The use of the terms 'general and uniform' makes it clear that the conditions must be fulfilled throughout the territory."
This ruling challenges a previous decision by Germany's Supreme Administrative Court, which had identified certain areas of Syria, such as Hasaka, as safe for potential refugee returns. German leaders had welcomed the lower court's position, viewing it as a path toward deportations.
Legally, the CJEU's judgment complicates the German government's plans to deport Syrian refugees, especially as refugee policy remains a contentious issue ahead of the 2025 federal elections. Politically, it could force Germany to reconsider its hardening stance on refugee matters, even as it prioritizes national interests.
The CJEU ruling was prompted by a question from a Czech court regarding Moldova’s designation as a safe country, excluding the breakaway region of Transnistria. The court found that partial designations are incompatible with EU law, reinforcing that the criteria for safety must apply to the entire territory.
In summary, the CJEU’s decision effectively nullifies any attempt to classify parts of Syria as safe for refugee returns, reshaping the landscape of refugee policy across the EU as member states navigate the complexities of national interests and humanitarian obligations.
