The European Parliament adopted on Tuesday new rules facilitating EU Member States' applications of the 'safe third country' concept and the bloc's first safe countries of origin list.
Over 60% of MEPs voted for the rules proposed by the European Commission, as part of the EU Pact on Asylum and Migration that will enter into force on 12 June 2026, after a two-year transition period. However, the new rules are front-loading parts of the Pact and can be applied after the Council formally adopts them.
The new EU-wide list of 'safe countries of origin' aims to enable the fast-tracking of asylum requests by nationals of the listed countries: Bangladesh, Colombia, Egypt, Kosovo, India, Morocco and Tunisia. It will be up to the individual applicant to prove that the list should not apply in their case because of a well-founded fear of persecution or the risk of serious harm if sent back to their country.
The designation of a third country as safe at both the EU and national levels may be made with exceptions for specific parts of its territory or clearly identifiable categories of persons.
EU candidate countries will also be presumed safe – unless relevant circumstances (such as indiscriminate violence in the context of an armed conflict) indicate otherwise, or their citizens have an EU-wide asylum recognition rate of above 20%, or economic sanctions due to actions affect people's fundamental rights and freedoms.
'Political turning point'
EU Member States will be able to apply the 'safe third country concept' with respect to other countries to asylum applicants who are not nationals of that country. Depending on three conditions, their applications for asylum can be rejected and declared inadmissible.
The concept would apply if the applicant has a previous connection with the third country, has transited through the third country on the way to the EU and could have requested effective protection there, or an agreement exists with the EU for the admission of asylum seekers (with the exception of unaccompanied minors).
The European Commission will monitor the situation in the countries on the list and the candidate countries, and react if circumstances change. It could temporarily decide that a country is not safe or propose its permanent removal from the list. Member States, however, will be able to continue to designate additional safe countries of origin at the national level.
"The list of safe countries of origin is a political turning point in the EU's management of migration," said rapporteur Alessandro Ciriani (ECR, Italy). "This legislation brings the period of ambiguity to an end and sets out a clear course: common rules, faster and more effective procedures, protection of the right to asylum for those entitled to it, and a firm approach to tackling abuse."
"Major decisions on migration must be carried by broad democratic majorities, not by alliances that undermine Europe’s democratic foundations," countered Erik Marquardt MEP (Greens/EFA), shadow rapporteur for the files.
"The approach to so-called safe countries has lost any sense of balance. Classifying countries such as Turkey or Egypt, where there are serious and well-documented human rights concerns, as ‘safe’ puts people at risk and makes it significantly harder for asylum seekers to prove persecution," he added.
Places of safety?
The European Commission welcomed the Parliament’s adoption of the new rules. It added that a country of origin can be considered safe based on an assessment of relevant sources, including the EU Agency for Asylum, the UN Refugee Agency (UNHCR), the European External Action Service (EEAS), and Member States.
As regards the 'safe third country concept', the Commission explained that a connection between the applicant and the safe third country will no longer be mandatory to apply the concept.
"Under EU law, third countries can be considered safe only when their national systems can process applications and provide effective protection where needed, ensuring protection against refoulement and absence of risks of persecution, threat to life, or inhuman or degrading treatment," the Commission said.
In a legal study in 2020, the authors examined the concept of "places of safety" and assessed whether countries in North Africa (Algeria, Egypt, Libya, Morocco and Tunisia) can be considered 'safe' for migrants and refugees. Despite concerns about their human rights record, the EU has established partnership agreements with both Tunisia (July 2023) and Egypt (March 2024).
