The Supreme Court of Cassation has clarified the limits and possibilities for ordinary judges to intervene in the designation of countries of origin considered "safe" for asylum applications. The ruling, filed on December 19, 2024, refers to a preliminary reference filed by the Court of Rome on July 1, 2024, which predates the government decree that amended the list of safe countries. According to the Court's First Civil Chamber, the Ordinary Court cannot replace the Minister of Foreign Affairs or annul with general effect the decree establishing the list of safe countries. However, it has the power to assess the legitimacy of such designation in relation to the specific case, and, if it finds a clear conflict with the criteria established by European or national legislation, it can disapply the ministerial decree incidentally and limited to the issue at hand. The Court reiterated that the effectiveness of the protection of the asylum seeker's fundamental rights remains a prerogative of the Ordinary Court. The latter, drawing on the principle of investigative cooperation, may intervene if the applicant adequately demonstrates the insecurity of the country of origin in relation to his or her specific circumstances. The ruling emphasizes that although the political choice to adopt a differentiated regime for asylum applications from safe countries is reserved for the democratic circuit of popular representation, the Court retains the role of Guarantor of fundamental rights in concrete cases. In these situations, the governmental assessment is not binding and there is no issue of disapplication of the decree, as long as the examination focuses on the individual circumstances of the applicant.