Lena Düpont (EPP, German), the European Parliament’s rapporteur on the revision of the Asylum Procedures Regulation and the Safe Third Country (STC) concept, presented a set of compromise amendments in early November, with a view to a vote in the European Parliament Committee on Civil Liberties in early December (see EUROPE 13740/10).
As a reminder, the revision of the Safe Third Country (STC) concept makes it optional for a connection criterion to be taken into account when returning a person whose asylum application has been rejected in the EU to a third country from which he or she does not originate, but which could also offer equivalent protection. This country must always be considered ‘safe’.
Supported by the conservative right and far-right groups, but not yet by the other groups, according to sources, these amendments provide, for example, that in order to guarantee uniform application of EU law and avoid divergent practices between Member States, “the use of agreements or arrangements concluded by the European Union with third countries is encouraged. Such Union-level instruments provide a common legal and procedural framework for cooperation on asylum and migration, ensure compliance with Union law and standards, and reinforce mutual trust between Member States in the application of the safe third country concept”.
In order to preserve the effectiveness of the ‘safe third country’ concept and ensure consistent application across the EU, Member States applying this concept must make full use of all the grounds provided for in the APR Regulation before examining the merits of an application for international protection.
“They are therefore to assess, in a comprehensive manner, whether the conditions relating to a connection, transit, or an existing agreement or arrangement with the third country concerned can be effectively applied. Only where none of these conditions can be applied, or where the third country refuses to admit or readmit the applicant, should the applicant be granted access to the asylum procedure within the Union”.
Where this STC principle is applied to applicants under an agreement or convention concluded with a third country, “it should not, as a rule, be applied to unaccompanied minors unless there are reasonable grounds to consider that the unaccompanied minor represents a danger to national security or public order".
In her draft report, the rapporteur had already removed the suspensive effect of appeals against inadmissibility to the EU under this STC concept. She had also recommended agreements or arrangements with third countries at EU level.
This STC dossier poses a problem for certain member countries, which cannot apply the concept by virtue of their constitution. According to some sources, the list of ‘safe countries of origin’ would thus be a much more valuable tool in the eyes of the Member States.
As with Alessandro Ciriani, the Italian rapporteur for the ECR on the ‘safe countries of origin’ dossier, the German MEP made very few changes to encourage a rapid vote in committee. (Original version in French by Solenn Paulic)