Safe Countries and Constitutional Identity

This article analyses the recent Alace & Canpelli judgment of the Court of Justice of the European Union, which addresses the definition of "safe countries of origin” and the compatibility of accelerated border procedures with the fundamental rights of asylum seekers. The discussion places the decision within both the European and Italian legal frameworks, with a particular focus on Directive 2013/32/EU, the principle of non-refoulement, and relevant supranational and domestic jurisprudence. By referencing rulings from the domestic courts in Italy, it underscores the pivotal role of the ordinary judiciary in scrutinizing the designation of a country as “safe” and in protecting the rights of asylum seekers—up to and including the disapplication of national provisions that conflict with EU law. The article further considers potential constitutional issues under Articles 3, 10, 24, and 117 of the Italian Constitution, exploring the prospect of intervention by the Constitutional Court through the doctrine of “counter-limits.”