The European Union has taken a decisive step in reforming its Common European Asylum System. The Council of the European Union has approved its general approach to two proposed Regulations amending Regulation (EU) 2024/1348, a cornerstone of the Pact on Migration and Asylum.
Both initiatives pursue a shared objective: to streamline asylum procedures, strengthen consistency among Member States, and enable more efficient management of applications for international protection, particularly in cases where, under European standards, such protection should not be granted.
⏺️ Review of the concept of “safe third country”
The first proposed Regulation focuses on the application of the safe third country concept. This concept allows an asylum application to be declared inadmissible when the applicant can obtain effective protection in a non-EU country considered safe for them.
The main innovation lies in expanding the circumstances in which Member States may apply this concept. Following the reform:
- The existence of a prior connection between the applicant and the third country will no longer be an indispensable requirement.
- Previous transit through a safe third country before arriving in the European Union may justify application of the concept.
- The use of agreements or arrangements with safe third countries concluded by the Union or by Member States is expressly enabled, provided that they guarantee the effective examination of applications for international protection.
The text also strengthens European-level coordination in the conclusion of such agreements and establishes specific limits to protect unaccompanied minors, to whom the safe third country concept may not be applied on the basis of agreements or arrangements.
Another significant element is the removal of the automatic right to remain in EU territory while appealing an inadmissibility decision based on this concept, without prejudice to the right to effective judicial protection and compliance with the principle of non-refoulement.
You can access the full text of the proposed Regulation here: link to the text (in Spanish).
⏺️ Creation of an EU-wide common list of safe countries of origin
The second proposed Regulation introduces, for the first time, a common EU list of safe countries of origin. This list will allow accelerated procedures, or even border procedures, to be applied to applications submitted by persons from countries where, in general terms, there is no risk of persecution or serious harm.
💡 The initial list includes the following countries:
– Bangladesh
– Colombia
– Egypt
– India
– Kosovo
– Morocco
– Tunisia
In addition, EU candidate countries will also be considered safe countries of origin, unless exceptional circumstances arise, such as armed conflicts, serious restrictions of fundamental rights, or a significant increase in asylum recognition rates.
The Regulation emphasises that designating a country as safe does not remove the obligation to carry out an individual assessment of each application, nor does it prevent certain individuals or groups from demonstrating a specific risk in their particular case.
It also establishes continuous monitoring mechanisms allowing the Commission to fully or partially suspend a country’s designation as safe where relevant changes occur in its situation, including in respect of specific regions of its territory or particular categories of persons.
⏺️ A direct impact on asylum procedures in Europe
These reforms reinforce the trend towards a more harmonised asylum system, in which Member States are equipped with common tools to manage migratory flows and applications for international protection in a faster and more predictable manner.
From a practical perspective, the combined application of the safe third country concept and the common list of safe countries of origin will have a direct impact on processing times, the use of accelerated procedures, and inadmissibility decisions, always within the framework of safeguards established by EU law.
⏺️ How can ARC Legal help you?
At ARC Legal, we closely monitor developments in the European regulatory framework on asylum, immigration, and international mobility. We analyse the practical impact of these reforms and support our clients in understanding and managing increasingly complex procedures, both at national and European level.
If you require specialised advice or an individual assessment in matters relating to international protection or EU immigration law, we can help you evaluate your situation with rigour and clarity.
Related publications
- Spain exceeds 134,000 international protection applications and maintains a high number of decisions | Spain data – November 2025
- Temporary protection in the EU: more than 4.3 million displaced persons from Ukraine in October 2025
- Temporary protection for those fleeing the war in Ukraine: updated data as of September 2025
¿Prefieres leer el artículo en español 🇪🇸? Puedes encontrarlo aquí: Países de origen seguros y terceros países seguros: la nueva hoja de ruta del asilo en la UE
The content of this article is for informational purposes only and does not constitute legal advice. Immigration law is subject to continuous interpretative and administrative changes. At ARC Legal we strive to provide up-to-date and verified information based on official sources, but we always recommend consulting with a qualified professional before starting any application or making legal decisions. If you need personalized advice, feel free to contact our firm.
