A legislative amendment authorised by the European Parliament will permit EU countries to relocate asylum seekers to states with which they hold no prior connection.
On Tuesday, the European Parliament gave the green light to a legislative amendment that might lead to asylum seekers entering the European Union being sent to unrelated countries prior to the review of their applications.
The adjustment to the “safe third country” principle, incorporated in the Asylum Procedure Regulation (APR), eliminated the necessity for a link between the applicant and the destination country, enabling national authorities to transfer individuals to nations they have never previously visited.
This development opens the possibility of agreements between EU nations and third countries willing to accept migrants from Europe in exchange for financial compensation, similar to the arrangement pursued by the previous United Kingdom administration with Rwanda.
The UK’s highest court halted that initiative, and the current government subsequently abandoned it.
According to the updated EU regulation, asylum seekers may now be relocated to almost any country worldwide, provided there is a formal agreement or arrangement with an EU nation and the country qualifies as “safe,” meaning individuals seeking international protection there will be treated according to “international standards”.
Protections encompass shielding asylum seekers from persecution and severe harm, upholding the principle of non-refoulement, ensuring access to effective protection under the Geneva Refugee Convention, and having a functional asylum system that grants permits for education, employment, and residence rights.
This new rule excludes unaccompanied minors, whose asylum claims will continue to be examined by European countries or by states connected to their background or transit routes.
“This vote empowers EU member states to leverage cooperation with third countries in ways previously unavailable,” stated German MEP Lena Düpont, the file’s rapporteur, asserting that this modification aligns with international law and aims to prevent asylum cases from clogging national asylum systems for prolonged periods.
Parliament divided
The European Parliament approved the amendment with 396 votes in favour, 226 opposed, and 30 abstentions.
The European People’s Party (EPP) joined forces with the right-leaning European Conservatives (ECR), as well as the far-right Patriots for Europe (PfE) and Europe of Sovereign Nations (ESN) to secure passage. Conversely, the Socialists and Democrats (S&D) and Renew Europe mostly voted against, with some dissenters within their ranks.
This vote fractured the parliamentary coalition backing Ursula von der Leyen’s Commission, a trend observed in nearly all migration-related dossiers during this legislature.
Several left-wing and liberal MEPs declared a “minority position,” describing the new safe third country concept as “particularly concerning,” arguing that removing the connection requirement increases “the risk of exploitation by third countries”.
“Any country seeking funding might agree to these deals with EU states. History shows that such third countries often demand more later, effectively blackmailing Europe,” commented S&D MEP Cecilia Strada to Euronews.
She maintained that the legislative change is “ill-advised, not only regarding the fundamental rights of asylum seekers but also for the health of our democracies.”
Civil society organizations have voiced similar worry. The European Council on Refugees and Exiles (ECRE) assesses that the chances for asylum seekers to secure adequate protection in third countries are dubious, with the new law heightening risks for vulnerable populations such as violence survivors and LGBTQ+ individuals.
ECRE also criticised the removal of the automatic suspensive effect on appeals within the revised regulation, warning that individuals might be transferred outside the EU before courts verify the legality of the decision.
On the same day, Parliament endorsed the inaugural EU list of “safe countries of origin” for asylum procedures, including Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, Tunisia, as well as all EU candidate countries except Ukraine.
While the “safe country of origin” concept differs from the “safe third country” notion, it similarly aims to accelerate the asylum process within Europe.
Under EU legislation, applications from migrants originating from these “safe countries of origin” will be managed via expedited procedures.