The European Commission could be ready to review the so-called ‘safe third country’ (STC) concept as soon as March instead of June, as previously scheduled. Leaked document shows that the European Union executive wants to appease member states, which want urgent reforms to allow for faster and easier migrant repatriations.
The concept has been part of European asylum frameworks for decades and defines the criteria for non-EU countries (apart from countries of origin) where asylum seekers can be sent if their request for international protection in the EU is rejected.
If there are to be any changes in STC rules, these would be included in the EU’s new Asylum Procedure Regulation, due to come into effect in 2026 as part of the broader Migration Pact.
The 2024 package mandates that the criteria associated with the safe third country concept shall be reviewed together with the member states no later than June 12th of this year. That said, the Commission is not obliged to make any legislative changes as a result of these discussions.
Still, due to being under immense pressure, the Commission has shown that it takes at least the possibility of changing the rules seriously, and has already begun consulting with member states to fast-track the review process.
According to internal memos leaked to Euractiv, the Commission has put forward several suggestions for changing STC rules for the scope of the upcoming review, including watering down the so-called ‘connection criteria’ as well as the automatic right of asylum seekers to remain in Europe while they appeal their asylum rulings.
The connection criteria refer to the primary requirements for the application of the STC concept, whereby rejected asylum seekers can only be sent back to third countries to which they have personal connections, such as family ties or prolonged habitation.
The proposed changes under this consultation include scrapping the rule altogether or expanding its scope to also include transit countries or cultural factors, such as religion or language, as sufficient links for repatriation.
“Weakening or removing the [connection] criterion could affect returns by expanding the list of countries deemed safe,” former EU Commissioner Johannes Hahn explained last year when the demand for revising the STC rules began to mount.
However, the commissioner also warned that these changes could lead to transfers to countries with inadequate asylum standards and that the lack of any real connection to those countries could hinder migrants’ long-term integration.
The other aspect of the law that could be up for reform is the automatic right to pause the deportation while rejected asylum applications are being reviewed by appeal courts, which every asylum seeker is currently entitled to in the EU.
The Commission’s proposal to member states is to scrap the ‘automatic’ part, meaning that migrants would likely have to request a separate permission to stay which the courts can approve or reject ahead of the final ruling in each case.
When asked about the memo, the Commission only stated that it does not comment on leaked documents. While this could show how sensitive the issue is, the main question remains whether anyone would actually enact these changes once there is a consensus between member states. Or would the Commission simply continue rejecting members’ demands for tougher migration reforms?
The debate will also be strongly influenced by the European Court of Justice (ECJ), which began deliberating the legality of Italy’s Albania protocol as well as Rome’s own list of safe third countries on Tuesday, February 25th. The final ruling is not expected to be published until July, which means the EU Commission will likely refrain from submitting a legislative proposal at least until then.
