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The concept is used to “assign protection responsibilities to a state other than the one where the applicant has applied for asylum,” said Helena Hahn, a policy analyst at the European Policy Center.
The European Commission is pushing ahead with the review of the safe third country concept, targeting March rather than June, according to a document seen by Euractiv.
The safe third country (STC) concept allows asylum seekers to be sent to a country where they can find protection instead of remaining in the country where they applied.
It seems that the document in question, if approved, legitimizes the migrant centers in Albania, based on the Rama-Meloni agreement, even at the EU level. Albania is considered a safe country, which means that this document at best paves the way for camps based on the Meloni agreement and at worst could turn into a document where migrants in the EU space can be transferred to third countries.
Despite the objections that Edi Rama has at least publicly expressed that he would not accept similar agreements like the one with Meloni or Italy, with other EU countries, this revised document should not become an 'obligation-determination' on behalf of Brussels, for countries like Albania, in the name of 'help' to solve immigration problems.
The concept is used to “assign protection responsibilities to a state other than the one where the applicant has applied for asylum,” Helena Hahn, policy analyst at the European Policy Center, told Euractiv.
The STC is set out in the Asylum Procedure Directive, recently reformed under the 2024 Asylum Procedure Regulation, adopted as part of the Migration Pact, set to enter into force in mid-2026.
The new regulation mandates a review of the STC by 12 June 2025. However, the Commission is not obliged to proceed with a legislative change.
Commission President Ursula von der Leyen's communication ahead of the European Council meeting in December hinted at the advancement of the review of the concept.
Euractiv has learned that the Commission is now in consultations with member states to push for a review in March “instead of June,” the document says – moving it to the same month that the new approach to returns is expected to be introduced.
According to the consultation document obtained by Euractiv, the Commission is currently considering significant changes to the connection criteria and the appeals process for applications deemed inadmissible under the STC.
Connection criterion
In the new Regulation, one of the main requirements for the implementation of the STC concept is a 'link' between the asylum seeker and the third country of return.
The proposed changes in the consultation for member states include removing the connection criterion, replacing it with a transit requirement, or maintaining it but making it more flexible. Removing the rule would mean that no connection would be required between the asylum seeker and the selected third country.
"Weakening or removing the criterion could affect returns by expanding the list of countries considered safe," Hahn explained.
Hahn warned that this could lead to transfers to countries with inadequate asylum standards under international and EU law. For applicants who have no real links to these countries, this could also hinder integration and increase the risk of further secondary movements, she added.
Under consultation, there is also a more flexible approach that would still require a connection with factors such as cultural ties, including “religious aspects or knowledge of the language.” Past residence or transit “would not be required,” but could also be considered a sufficient connection, the document says.
complaints
Another proposed change is whether appeals against inadmissibility decisions based on the STC rule should automatically stop deportation.
Right now, if someone applies for asylum but is told their application is inadmissible, they automatically have the right to stay while they appeal the decision. This means they cannot leave until a judge has reviewed their case.
The proposed change would mean that this right to stay would no longer be automatic. Instead, the person would have to ask a court for permission to stay, or the court could decide on its own.
When asked for comment, a Commission spokesperson said the Commission does not comment on leaked documents. / Adapted from Pamphlet /
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