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Andreina De Leo

@andreinadeleo.bsky.social

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

1/🧵What did the EU Court of Justice actually say about "safe countries of origin"? And what does it mean for the 🇮🇹🇦🇱 Italy-Albania migration deal? Let’s break it down: thread 👇

EU Court of Justice @eucourtofjustice.bsky.social · Aug 1

⚖️ Judgment in Joined Cases C-758/24 & C-759/24 Alace & Canpelli: who can decide if a third country is “safe” under EU law?
🎥 💬 Judge Jürimäe explains with subtitles in all EU languages 👉 curia.europa.eu/jcms/jcms/p1...
📰 PR 👉 curia.europa.eu/jcms/upload/...
👩⚖️ Bio 👉 curia.europa.eu/jcms/jcms/p1...

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Steve Peers @stevepeers.bsky.social · 8d

Legally, the EU Treaties explicitly prevent such a shutdown - the existing budget continues to apply until a new budget is agreed

Stanley Pignal @spignal.bsky.social · 8d

Imagine if the EU institutions bungled their budget-setting process so badly that all staff would be placed on leave without pay. You'd never hear the end of it! But oh hey it's America so just one of those things.

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Steve Peers @stevepeers.bsky.social · 8d

Here's the argument that bans on Pride marches fall within the scope of EU law (and are in breach of EU law), by Attila Szabó - eulawanalysis.blogspot.com/2025/04/buda...

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𝘎𝘰𝘥 𝘏𝘢𝘵𝘦𝘴 𝘍𝘭𝘢𝘨𝘴 @bheanilla.bsky.social · Aug 25

Funding for the serial human rights abusing Libyan Coast Guard might be one of the worst things the EU does that Europeans are largely ignorant about. Many of us like to stay ignorant about it of course.

EUwatch 🇪🇺 @euwatch.live · Aug 25

Libyan coast guard opens fire on NGO rescue ship in international waters

www.euractiv.com

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Michael Bazaconomicon 💀 🎃 👻 @mcbazacophd.bsky.social · Aug 18

The wisest words in society are “I don’t know” and we need to really emphasize that.

If someone you respect says “you know what, I don’t know but let me help you figure this out or help you find someone who may know,” you’ve found yourself a winner.

That’s true wisdom.

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BluuJay @bluujay79.bsky.social · Aug 13

Love her or hate her (I freaking love Taylor Swift), but this woman is so self-aware of everything, its kind of inspirational

Pop Base @popbase.tv · Aug 13

Taylor Swift jokes about being on the ‘New Heights’ podcast:

“You guys have a lot of male sports fans that listen to your podcast. I think we all know that if there’s one thing that male sports fans want to see in their spaces and on their screens — it’s more of me.”

Taylor Swift whispering in Ice Spice’s ear at the Superbowl where she was booed for existing.

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Stefano Gallo @stegallo.bsky.social · Aug 2

#ilmanifesto #Albania

Reposted by Andreina De Leo

Steve Peers @stevepeers.bsky.social · Aug 1

- more like 'raised the threshold to fast-track decisions on asylum applications on certain grounds'
- the judgment recognises the law will change in the near future, so Meloni is grandstanding here
- judicial review is a core part of the rule of law in a democratic society - cry harder

POLITICO Europe @politico.eu · Aug 1

Italian Prime Minister Giorgia Meloni reacted with fury on Friday as the EU’s top court raised the threshold for member countries to reject asylum-seekers.

Meloni fumes as EU top court makes it harder to reject asylum-seekers

Italian PM accuses European judges of a power grab.

ow.ly

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

I’m not so optimistic but happy to be proven wrong 🥲 at least a good decision for once (even if of limited use in the long run)…

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

Not sure if it will have a direct impact as SCoO and STC concepts work a bit differently, but I think it might accelerate all legislative initiatives aimed at pushing the externalisation trend, including through the removal of connection criteria in STC…

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

Exactly, not a coincidence I would dare to say...

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

Not yet, but I think they will include the new legal basis as one of the grounds for the accelerated border procedure in national law once the APR enters into force, and the ratification law refers to the national provision regulating acc bord procedures to clarify the ones applicable in Albania.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

13/
📣 Bottom line:

The current ruling doesn’t kill 🇮🇹🇦🇱, but makes it more difficult to apply it;
The next ruling will address whether outsourcing detention and removal complies with EU law — and if legal fictions are enough to guarantee real rights.
To be continued. ⚖️

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

12/
⚠️ Serious doubts remain about whether 🇮🇹 can guarantee equivalent standards in Albania,especially concerning:
The right of defense in detention and asylum procedures;
Access to adequate healthcare;
Lawful and justified deprivation of liberty.
Legal fictions ≠ effective protection.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

11/ The Italian court is skeptical.
It argues there’s a “sufficiently close connection” to the EU legal order. So even in 🇦🇱, EU standards must be concretely respected, not just promised on paper.

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

10/🔥 The legal issue:
The Protocol says migrants in Albania should be treated “as if” they were on Italian territory.
But EU asylum law formally applies within EU territory.
➡️ Does that legal fiction (voluntary extension) hold up?

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

9/🧑‍⚖️ Italy’s Court of Cassation asks:
1️⃣ Can migrants be transferred from 🇮🇹 CPRs to 🇦🇱 even without a real prospect of return?
2️⃣ If they seek asylum after transfer, can they still be detained?

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

8/⏳But there’s more:
This judgment only covers Phase 1 of the 🇮🇹🇦🇱 model.
Phase 2, the transfer of detainees already in Italy to Albania, is being reviewed in a separate case pending before the EU Court.

Andreina De Leo @andreinadeleo.bsky.social · Aug 1

7/ In fact, the future EU Regulation could make this even easier: ➡️ Accelerated border procedures will also apply to people from countries with a recognition rate below 20%, not just “safe” countries of origin.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

6/❓So, is the Italy-Albania deal dead? 👉 Not necessarily. The ruling doesn’t address Albania or external processing directly. So yes, transfers may still happen, if criteria are met today (meaning designation with no exceptions) or may resume in the future, once the APR enters into application.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

5/👀 Importantly, the Court also looks to the upcoming Asylum Procedures Regulation, which (once in force) will:

Allow safe country designations by law;
Permit exceptions, both:
🔹 Personal (vulnerable groups), and
🔹 Territorial (unsafe regions).

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

4/🧾 Applicants must have access to the sources used to justify the country’s safety. Judges must also have access, and may consider additional (reliable) sources. 🚫 No shortcuts or assumptions.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

📌 Key takeaways from the Court:
✔️ Safe countries can be designated by law;
✔️ The designation must be judicially reviewable and based on solid, up-to-date info;
✔️ It can’t currently apply if specific groups (e.g. women, minorities, LGBTI) face risks in that country, as the APD doesn't allow it.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

2/ This ruling concerns only the first phase of the 🇮🇹🇦🇱 model: the border accelerated procedure for asylum seekers coming from "safe" countries, and transferred to Albania after being rescued on the high seas. ⚠️ It does not related to Albania or external processing directly.

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Andreina De Leo @andreinadeleo.bsky.social · Aug 1

1/🧵What did the EU Court of Justice actually say about "safe countries of origin"? And what does it mean for the 🇮🇹🇦🇱 Italy-Albania migration deal? Let’s break it down: thread 👇

EU Court of Justice @eucourtofjustice.bsky.social · Aug 1

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Steve Peers @stevepeers.bsky.social · Aug 1

CJEU, asylum law II

New judgment: Member States cannot currently designate asylum-seekers' countries of origin as 'safe' unless that applies to everyone - but EU law will change in near future - judgment complicates application of Italy/Albania deal for now - curia.europa.eu/jcms/upload/...

curia.europa.eu

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