EU moves towards faster asylum rejections with new safe-country frameworks

PARIS

The Council of the European Union adopted its negotiating position Monday on two major pieces of legislation aimed at tightening the bloc’s asylum system, paving the way for the faster rejection of claims considered unlikely to qualify for protection.

The decisions mark a key step in implementing the EU’s 2024 Pact on Migration and Asylum, particularly through reforms to the “safe third country” concept and the establishment of the first EU-wide list of “safe countries of origin.”

Under the Council’s revised approach to the “safe third country” concept, member states would gain wider latitude to dismiss asylum applications as inadmissible without examining their merits.

The updated rules allow three pathways for applying the “safe third country” concept.

First, a connection between the applicant and the third country will no longer be required.
Second is transit through the third country prior to arrival in the EU.
Third is an agreement or arrangement ensuring that the asylum claim will be examined in a designated safe third country. This option will not be applicable in the case of unaccompanied minors.

Applicants who challenge inadmissibility decisions under the safe third country rules would lose the automatic right to remain in the EU during the appeal process, though they may still request judicial permission to stay.

Danish Immigration Minister Rasmus Stoklund welcomed the Council’s stance, arguing that it supports efforts to break what he described as “harmful incentives” in the current system.

“We have a very high influx of irregular migrants, and our European countries are under pressure,” he said.

“This shows that the current system creates unhealthy incentive structures and a strong pull-factor…I am happy that we have agreed on a general approach which allows member states to make agreements with safe third countries on asylum procession outside Europe,” Stoklund added.

In a parallel move, the Council has backed the first EU-level list of safe countries of origin, intended to fast-track asylum procedures for applicants presumed to be at low risk of persecution.

The list, which is part of the new asylum procedure regulation under the migration and asylum pact, includes Bangladesh, Colombia, Egypt, Morocco, Kosovo, India and Tunisia.

Applicants from these countries would be subject to accelerated procedures, which may be conducted at borders or transit zones.

Accession candidate countries will also be treated as safe countries of origin unless they are affected by armed conflict, have adopted restrictive measures impacting fundamental rights, or show recognition rates above 20% in EU asylum decisions.

Stoklund said the list represents “an important milestone” for EU asylum policy.

“Each year, tens of thousands arrive to Europe and apply for asylum even though they depart from safe countries where there is generally no risk of persecution,” he noted.

With the Council’s positions adopted, negotiations will now begin with the European Parliament to finalize the legal texts.

The European Commission proposed both measures earlier than originally mandated following pressure from several member states seeking faster implementation of migration reforms initially scheduled for mid-2026.

The Council’s position also empowers the Commission to suspend a country’s designation – wholly or partially – if conditions deteriorate.

Member states may also continue to maintain national lists that include countries not covered by the EU-wide designation.