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Italian Supreme Court Ruling Clarifies Judges’ Role in Asylum Cases

The Italian Supreme Court has ruled that ordinary judges play a crucial role in assessing asylum seekers’ fundamental rights, particularly regarding the designation of safe countries. While judges cannot annul government decrees as a whole, they possess the authority to evaluate whether a country’s designation as safe meets European and national criteria. This ruling arose from a query by the Tribunal of Rome and reaffirms that when an asylum seeker demonstrates insecurity in their home country, judges can thoroughly investigate the situation to ensure effective recourse.

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