With these decisions, the European Union is pursuing the goal of speeding up asylum procedures, facilitating deportations, and relieving the burden on national asylum systems. Politically, the measures are highly controversial and have been met with criticism, particularly from human rights organizations.
Deportations possible even without connection to third country
Previously, asylum seekers could only be deported to a third country if they had close ties to that country—for example, through a previous stay or family relationships. In future, this "connecting factor" will no longer be necessary.
Germany and other EU member states can now also deport asylum seekers to countries outside the EU where they have never been before. The prerequisite is that these third countries have been classified as safe and have agreed to accept asylum seekers.
Asylum procedures will then no longer be carried out in the EU, but in the respective third country. Unaccompanied minor refugees are exempt from this regulation; special protection requirements continue to apply to them.
With this change, the EU is creating the legal basis for models reminiscent of the UK's "Rwanda model" or the concept of asylum centers in Albania tested by Italy. There, too, asylum seekers are to be transferred to third countries (Rwanda or Albania), where their applications for protection will then be decided.
EU list of safe countries of origin adopted
Another innovation that was decided yesterday is a uniform EU list of safe countries of origin. In future, Bangladesh, India, Colombia, Egypt, Morocco, Tunisia, and Kosovo will be considered safe.
In addition, all countries that have officially applied for EU membership should also be considered safe countries of origin—provided that there is no war there and no serious human rights violations have been identified.
The classification of a country as "safe" has implications for asylum procedures. Asylum applications from nationals of these countries can be processed in accelerated procedures in the future. In practice, this means that they will be rejected more quickly as "manifestly unfounded. "
At the same time, the burden of proof lies more heavily with the applicants. They must prove why they are individually at risk of political persecution or serious danger in their country of origin.
The EU Commission announced that it would monitor the human rights situation in the countries concerned. The list will be adjusted if the situation on the ground deteriorates significantly.
Germany: List of safe countries of origin to be expanded
Regardless of the EU list, member states may continue to maintain their own lists of safe countries of origin. The German list currently includes a total of 37 countries, including:
- all 27 member states of the European Union, as well as
- Albania
- Bosnia and Herzegovina
- Georgia
- Ghana
- Kosovo
- Macedonia, Former Yugoslav Republic of
- Montenegro
- Republic of Moldova
- Senegal
- Serbia
In addition, at the end of 2025, the German Bundestag passed a law allowing the federal government to classify safe countries of origin independently—i.e., without the approval of the Bundestag or Bundesrat. The law came into force on February 1, 2026.
The German government plans to expand the list of safe countries of origin in the near future. Algeria, India, Morocco, and Tunisia are among the countries planned for inclusion. Other possible candidates include Armenia, Egypt, Nigeria, and Mongolia. However, these countries have not yet been officially classified as safe at this time.
Consequences for asylum seekers in practice
The next step is for the EU Council to give its approval. This is considered very likely. The new regulations are part of the Common European Asylum System (CEAS) and must be transposed into national law by all member states.
For those seeking protection from countries classified as safe, this means shorter asylum procedures and significantly lower chances of being granted asylum. A blanket rejection of asylum applications is still not legally permitted. Each application must be examined on a case-by-case basis. In practice, however, the majority of applications are likely to be rejected as unfounded.
Deportations to safe third countries without prior connection will also be possible from June 2026. However, individual case reviews will still be mandatory in these cases.
Important: Deportations to third countries outside the EU can only take place if the third countries agree to accept the deportees. This requires agreements between the EU countries and the third countries. As things stand at present, there is no official agreement between Germany and any third country that would allow such deportations.
Criticism from human rights organizations
Human rights and refugee organizations are criticizing the decisions. Pro Asyl speaks of a "human rights clear-cut" and warns of an erosion of individual asylum rights.
SOS Humanity also criticizes the classification of countries such as Tunisia and Egypt as safe. There continue to be reports of political oppression, police violence, and restricted fundamental rights in these countries.
Critics fear that vulnerable individuals could in future be deported to countries where they will not receive effective protection or have access to fair asylum procedures.
Entry into force no later than June 2026
The new regulations are to be fully applicable by June 2026 at the latest. Individual provisions may be applied earlier. Germany must also transpose the requirements into national law.
The Bundestag already dealt with the EU law in a first reading in October. The regulations now adopted at EU level were already included in it. National implementation is considered very likely and must be completed by June 2026 at the latest, in accordance with EU requirements.
Conclusion
The new EU rules will make European asylum law significantly stricter. From June 2026, asylum procedures are to be speeded up, applications from countries of origin classified as safe are to be rejected more quickly, and deportations are to be made easier.
Particularly controversial is the fact that asylum seekers can in future be deported to safe third countries even without prior connections there.
In practice, however, such deportations are only possible under certain conditions. The third country in question must be considered safe and expressly agree to accept asylum seekers. This requires agreements to be in place. As things stand, Germany has not yet concluded any such agreements with third countries. Regardless of this, each decision continues to be examined on a case-by-case basis.
