Brussels: The European Commission presented a legislative proposal aimed at facilitating the application of the "safe third country" concept by Member States as part of its efforts to accelerate asylum procedures and reduce migration.
According to Kuwait News Agency, the Commission stated that the "safe third country" concept allows Member States to reject asylum applications when the applicant can receive effective protection in a third country considered safe. Currently, EU law requires a clear connection between the asylum seeker and that country. However, the new proposal seeks to relax this requirement by permitting Member States to adopt a more flexible definition of connection based on their national laws. Moreover, transit through a safe third country before reaching EU territory could be considered a sufficient link to apply this concept.
The proposed law stipulates that the concept can be applied if there is an agreement or arrangement between the Member State and the concerned third country, provided such an agreement guarantees an assessment of the protection request and grants it if conditions are met. Unaccompanied minors are excluded from this option to safeguard their best interests.
The Commission also aims to reduce procedural delays by proposing the removal of the automatic suspensive effect of appeals against inadmissibility decisions based on the safe third country concept.
The proposal mandates Member States to inform the Commission and other Member States in advance before concluding any agreements or arrangements with third countries classified as safe, ensuring compliance with EU legal standards.
Under EU laws, a third country is considered safe only if it provides protection against forced return and is free from risks of serious harm or threats to life.
This proposal is part of the European Pact on Migration and Asylum, which called on the Commission to review this concept by June 2025. It was prepared following extensive consultations with Member States, the European Parliament, the UNHCR, and civil society representatives. The text is expected to be submitted to the European Parliament and the Council of the European Union for decision in the upcoming phase.