EU’s Political Agreement on the Safe Third Country Framework

The safe third country concept allows Member States to consider an asylum application inadmissible when the applicant could receive effective protection in a third country considered safe.
30 December 2025

Safe Third Country Framework in the EU: The European Commission welcomed a provisional political agreement between the European Parliament and the Council of the European Union on new rules to facilitate the application of the safe third country concept.

The agreement aims to accelerate asylum procedures, reduce pressure on asylum systems, and limit incentives for irregular migration, while preserving legal safeguards and respect for fundamental rights.

What is the EU “safe third country” concept?

The concept of safe third country allows Member States to consider an asylum application inadmissible when the applicant could receive effective protection in a third country considered safe.

Under the proposal, a connection between the applicant and the safe third country (hereinafter referred to as STC) will no longer be mandatory. Member States may apply the concept if one of the following conditions is met:

  • there is a connection between the applicant and the STC;
  • the applicant transited through a STC before reaching the EU;
  • where there is no connection or transit, there is an agreement with the STC that includes safeguards for transferred asylum seekers (this option does not apply to unaccompanied minors).

Strong safeguards remain in place, including protection against refoulement and risks of persecution or inhuman or degrading treatment. Appeals against inadmissibility decisions will no longer automatically allow applicants to remain in the Member State pending appeal, although a right to remain may still be requested.

Entry into force and application of the Safe Third Country Framework

Following formal adoption by the European Parliament and the Council, the regulation will enter into force 20 days after its publication in the Official Journal of the EU. The new rules are expected to apply from June 2026.

Why this matters to Italy

The new rules are particularly relevant for Italy (along with other EU Member States such as Spain, Greece and Cyprus) due to the high number of migration arrivals and asylum applications these countries regularly face. The updated framework is intended to support national authorities in managing this pressure more effectively by enabling faster processing of asylum claims, while continuing to ensure compliance with EU legal safeguards and fundamental rights.


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Author:

Yuu Shibata

Yuu Shibata (ys@mazzeschi.it) is the Italian Immigration and EU Legal Practice Manager at Mazzeschi SRL, based in Milan, Italy. She holds a PhD in EU Law from the University of Bologna and has been advising on business immigration since 2018. Specializing in Italy-Japan relations, Yuu primarily works with corporate clients, helping businesses navigate the complexities of EU and Italian legal frameworks to ensure seamless immigration processes. Her expertise extends beyond consultancy, she is an active contributor to publications on EU and Italian law, focusing on immigration and business regulations. With a strong academic background and hands-on experience, Yuu provides strategic guidance tailored to corporate needs, effectively bridging legal compliance with business objectives.

ys@mazzeschi.it
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