Paesi “sicuri” sotto esame: tra Corte del Lussemburgo, giudici italiani e possibili controlimiti

The contribution examines the recent Alace judgment of the ECJ concerning the definition of “safe countries of origin” and the compliance of the accelerated border procedure with the fundamental rights of asylum seekers. The analysis focuses on the European and Italian legal framework, with particular attention to Directive 2013/32, the principle of non-refoulement, and both supranational and national case law. Through the examination of the positions taken by Italian courts (Rome, Bologna, Catania), the article highlights the crucial role of ordinary judges both in assessing the lawfulness of designating a country as “safe” and in ensuring effective protection for the asylum seeker, including by disapplying national rules that conflict with EU law. The article also discusses potential issues of unconstitutionality in the current legislation on asylum seekers, with reference to articles 3, 10, 24, and 117 of the Italian Constitution, considering a possible intervention by the Constitutional Court in light of the counter-limits doctrine.