Publication date: 16 April 2026

This Inform maps national approaches to the safe country of origin (SCO) and safe third country (STC) concepts, in the context of the forthcoming Asylum Procedure Regulation applicable from June 2026. It compares legislation, policies and practices governing the designation and application of SCOs and STCs, including the use of national lists, ad hoc assessments and accelerated asylum procedures. The analysis was prepared on the basis of contributions from 26 EMN Member and Observer Countries.

Publication date: 27 September 2025

This ad hoc query, which informed the preparation of an EMN Inform, collected information on national lists of safe countries of origin and safe third countries, including their adoption and use. It examined exceptions for specific regions or categories of applicants and the procedures applied to their claims. It also explored the application of the safe third country concept, including assessments, safeguards and practical challenges. Finally, it gathered information on sources used, case law, good practices and planned adaptations to the new Asylum Procedure Regulation.

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The European Parliament has approved new EU asylum rules to enable faster processing of asylum requests. The reform establishes a common list of safe countries of origin while allowing Member States to maintain or designate additional safe countries at national level. It also clarifies the conditions under which Member States can apply the safe third country concept. While the legislation has now passed Parliament, it still needs to be formally adopted by the Council before entering into force.

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The Council of the European Union has agreed its position on two key proposals to strengthen the use of safe country concepts in EU asylum rules. One addresses the safe third country concept, and the other establishes the first EU‑wide list of safe countries of origin. They aim to accelerate asylum procedures and improve the management of applications from those unlikely to require protection. Negotiations with the European Parliament, which has also endorsed the list, will follow to agree on the final texts.

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On 20 May 2025, the European Commission put forward a proposal to revise the rules governing the application of the safe third country concept. The proposal, which inter alia removes the requirement to establish a connection between the applicant and the safe third country, is now subject to approval by the European Parliament and the Council. It has prompted a range of reactions, including expressions of support as well as more critical assessments.

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The European Commission has issued a proposal to accelerate the implementation of certain aspects of the Pact on Migration and Asylum, with the aim of helping Member States process asylum claims more quickly, particularly for applicants whose claims are likely to be unfounded. In addition, the proposal includes the establishment of an EU-wide list of safe countries of origin. Human rights organisations have raised concerns, especially about the inclusion of Egypt, Tunisia, and Morocco, which they argue have ongoing human rights issues.

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In a recent judgement in Case C‑134/23, the Court of Justice of the European Union (CJEU) clarified that Article 38 of Directive 2013/32/EU does not preclude legislation of a Member State designating a third country as generally safe for certain categories of applicants for international protection, even if that third country has suspended, in general terms and without any prospect of a contrary development, the admission or readmission of those applicants to its territory.

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Fifteen European countries plead with the European Commission to go beyond the New Pact on Migration and Asylum. They push for comprehensive, mutually beneficial and durable partnerships with third countries located along the migratory routes. They also want to inter alia explore solutions aimed at rescuing migrants on the high seas and bringing them to a predetermined place of safety in a partner country outside the EU.