The European Commission has proposed a modification of the rules defining “safe third countries,” a concept EU Member States use in processing asylum claims.
The aim is to make it easier for an EU Member State to use this concept to refuse to examine international protection requests and, instead, return applicants to another country.
The 'safe-third-country' concept, originally introduced by a 2013 directive, was expanded by a regulation in 2024. However, lawmakers see this expansion as inadequate and have requested further amendments from the Commission, even before the latest changes take effect.
European States can declare an asylum claim inadmissible if the applicant has ties to a third country where they could safely gain protection. By citing a “safe third country,” the State need not determine whether the applicant qualifies for protection within the EU.
A key proposal from the Commission is that the “link” criteria between the applicant and the third country will no longer be mandatory; a state could consider the applicant’s mere transit through a safe third country as a sufficient link.
Agreements between the State processing the application and a third country meeting safety standards could also be enough, except for unaccompanied minors.
The agreements must adhere to the principle of non-refoulement, and the Commission wants to be informed of such arrangements to ensure lawful compliance.
“Only the link criterion is being adjusted; other criteria for the ‘safe-third-country’ concept remain unchanged,” a European source stated on Tuesday. The link criterion is not being removed but rather broadened in its application for Member States.
The Commission also suggests allowing Member States to decide cases of inadmissibility due to a “safe third country” without automatically suspending the decision.
Despite emphasising the importance of respecting human rights, the Commission does not plan to establish a common list of safe third countries for EU use.
These proposed changes will need approval from EU co-legislators, the European Parliament, and the Council of the European Union.
PICUM, a network supporting undocumented migrants, was quick to respond. Silvia Carta, Advocacy Officer for the network, criticised the Commission’s proposal, stating that it “undermines those seeking protection and shelter in Europe.”
She warned of potential family separations and deportations without proper legal review, which, she argued, contradicts European values of human dignity and rights.
