Under the current EU framework, Member States may consider an asylum application inadmissible if the applicant could receive protection in a third country deemed safe. However, applying this concept requires demonstrating a connection between the applicant and the safe third country. In line with the Pact on Migration and Asylum, the Commission was required to review the application of this concept by June 2025.

The new proposal responds to this requirement and includes, inter alia, the following elements:

• Removal of the mandatory connection requirement: The proposal eliminates the obligation to prove the existence of a connection between the applicant and the safe third country.
   

• Recognition of transit through safe third countries: Transit through a safe third country before entering the EU may be sufficient grounds to apply the concept.
   

• Application based on agreements with safe third countries: In cases where no connection or transit exists, Member States may apply the concept if there is a formal agreement or arrangement with a safe third country. Such agreements must guarantee an examination of the applicant’s request for effective protection in that country. This provision excludes unaccompanied minors.
   

• Appeals procedures: To reduce procedural delays and mitigate abuse, appeals against inadmissibility decisions based on the safe third country concept will no longer automatically suspend the enforcement of these decisions.
   

• Notification and monitoring: Member States are required to notify the Commission and other Member States before concluding any agreements or arrangements with safe third countries. This enables the Commission to ensure compliance with EU legal standards.

Reacting to this proposal, Anneleen Van Bossuyt, Belgian Minister for Asylum and Migration, stated that “the European Commission has understood the message: the current asylum system is exhausted.” She affirmed Belgium’s readiness to actively contribute to new solutions that would limit arrivals and accelerate the return of individuals without a right to stay.

By contrast, some organisations have voiced concerns about the proposal. Amnesty International described it as an "attempt to evade the EU’s refugee protection responsibilities, shifting them to countries with fewer resources and less capacity to offer lasting protection". They noted that the proposal would allow EU Member States to "forcibly send people seeking asylum to countries where they have no connection, without the possibility to appeal from the EU".  The organisation highlighted risks including limited access to asylum procedures, potential refoulement, and arbitrary detention, and emphasised the obligation of Member States to ensure individual assessments and fair procedures.

For further details please read the press release from the European Commission and the proposal itself.