The Implications for the Italian legal System of the Court of Justice’s Judgment on Safe Countries: the Way of Disapplication
Le ricadute nell’ordinamento italiano della sentenza della Corte di giustizia sui Paesi sicuri: la via della disapplicazione
Les répercussions dans l’ordre juridique italien de l’arrêt de la Cour de Justice concernant les pays sûr: la voie de la non-application
With its judgment CV (C-406/22) delivered by the Grand Chamber on 4 October 2024, the Court of Justice ruled, inter alia, that the designation of a country as a safe country of origin must be judicially reviewed to assess its effective compliance with the requirements requested by EU law for such a designation. After analysing the ruling, this paper highlights its main implications for the Italian legal system in light of recent developments affecting the institution under examination. Firstly, the paper points out that the relevant Italian legislation, as amended by Decree-Law 158/2024, is partially incompatible with EU law, particularly in light of the CV ruling. Secondly, the paper identifies a possible way to resolve such contrasts in the disapplication, as an instrument that, on the one hand, does not exclude the reference for a preliminary ruling and, on the other hand, does not replace the obligations of the national legislator regarding the proper implementation of EU law.
