New rules on safe third countries adopted by the European Parliament

Today, the European Parliament overwhelmingly approved the agreement setting out the conditions for applying the new rules on so-called “safe third countries.” Member States will now be able to determine whether a non-EU country qualifies as a safe third country. “With this new legislation, we are responding to Member States’ calls for greater flexibility and legal clarity,” said MEP Assita Kanko.

Assita Kanko, shadow rapporteur and ECR The N-VA is a member of the European Conservatives and Reformists (ECR), a conservative, eurorealistic parliamentary group in the European Parliament. The N-VA shares their realistic view of the European project and also advocates for the correct and intensive application of the subsidiarity principle. For example, we must not be afraid to ask ourselves if it would be better to leave certain European initiatives to the Member States. The N-VA also identifies with the emphases that the ECR places on the social-economic issues. Since the 2014 elections, the ECR has become the third largest parliamentary group in the European Parliament. ECR spokesperson in the Committee on Civil Liberties, Justice and Home Affairs, welcomed what she described as a crucial breakthrough for Europe’s asylum and migration policy. “At last, a centre-right majority. This is a major step towards a more effective EU asylum system. Member States will be able to introduce more efficient procedures, while also dismantling the smugglers’ business model.”

Appeals procedure

EU Member States will now be able to conclude agreements with third countries where asylum applications can be processed. Asylum seekers who appeal a decision declaring their application inadmissible will no longer automatically have the right to remain in the Member State where they applied for asylum while their appeal is being examined. “This also prevents situations of prolonged legal uncertainty for asylum seekers, which have undermined confidence in our asylum systems,” Assita Kanko explained.

Fundamental rights safeguarded

Assita Kanko also stressed that the fundamental rights of every individual asylum seeker will remain fully protected. “Those who need protection must receive it—but not necessarily within the European Union. They may now obtain effective protection in a third country deemed safe for them. However, the principle of individual assessment remains firmly in place. Each case will be examined to ensure that the person concerned can genuinely access effective protection in that third country.”

Equally important, the new agreement does not undermine international human rights conventions. International law does not require a personal link between an applicant and the country considered safe. “That link will now be optional, giving Member States the flexibility to decide whether and how to apply this criterion—for example, depending on operational circumstances or the existence of cooperation agreements with partner countries,” Assita Kanko added.

Minors

Member States will now be required to inform the European Commission and other Member States of any new agreements concluded with safe third countries. This will enhance transparency and mutual awareness and, in the longer term, strengthen the coherence of EU migration policy.

Unaccompanied minors are not covered by the reform of the safe third country concept, unless there are reasonable grounds to believe that the minor poses a threat to national security or public order. “For those unaccompanied minors who do pose a threat, the rules already in force under the existing asylum procedure will continue to apply, including provisions on accelerated procedures and border procedures.”

A new majority in the European Parliament

“Thanks to strong cooperation between the centre-right groups, we have taken an important step towards regaining control of EU migration policy. This proposal has now been adopted despite repeated attempts by left-wing parties to derail it. While some seek to block any progress, we choose realism—and humanity,” concluded MEP Assita Kanko.