With a decision of 10 October 2014, the French Council of State withdrew Kosovo from the national list of safe countries of origin (SCO). The State Council held that "this State, whose institutions are still largely dependent on the support of international organisations and missions, did not present the requirements necessary to justify its inclusion in the safe country of origin list at the time of the challenged decision, given the unstable political and social context specific to this country and the violence to which certain categories of the population remain subject to, with no guarantee of being able to find sufficient protection by public authorities."
Kosovo was added to the SCO list by the Board of Directors of the Office for the Protection of Refugees and Stateless (OFPRA) on 16 December 2013 together with Albania and Georgia. This decision was challenged by 13 organisations including ECRE members Forum refugiés-Cosi and France terre d’asile and the French ELENA network, on the ground that these states cannot sufficiently ensure “the respect of the principles of freedom, democracy and the rule of law, as well as human rights and fundamental freedoms.“
The Council of State considered that the inclusion of Albania and Georgia was lawful. The list now includes 16 States: Albania, Armenia, Benin, Bosnia-Herzegovina, Cape Verde, Georgia, Ghana, Mauritius, India, Macedonia, Moldova, Mongolia, Montenegro, Senegal, Serbia and Tanzania.
For more information on the examination of asylum applications of applicants from safe countries of origin in France, see the AIDA National Report on France.
- Conseil d'Etat, Decision n° 375474 of 10 October 2014