The Netherlands requests to ‘opt-out’ of EU asylum rules

The Netherlands requests to ‘opt-out’ of EU asylum rules
The Hague. Credit: Belga / Nicolas Maeterlinck

The Dutch government wants to take charge of its asylum policies and opt-out of established EU agreements, the Dutch Minister of Asylum and Migration, Marjolein Faber, explained in a letter to the EU Commission on Wednesday.

According to the letter, addressed to the European Commissioner for Home Affairs, opting out of the EU asylum and migration acquis is necessary for the new government to achieve its goal to "drastically reduce the volume of migration to the Netherlands" to continue to provide public housing, healthcare and education.

Last Friday, the government announced it would introduce the "strictest asylum regime ever", with Minister Faber stating that the cabinet is "taking measures to make the Netherlands as unattractive as possible to asylum seekers".

The current Dutch government, sworn in on 2 July 2024, consists of a ruling coalition between the far-right PVV, the conservative-liberal VDD, the centrist NSC, and the right-wing BBB.

"I have just informed the European Commission that I want a migration opt-out within Europe for the Netherlands.We need to be in charge of our own asylum policy again!" stated Faber (PVV) on her personal X account on Wednesday Morning.

Dutch Minister of Asylum and Migration, Marjolein Faber, signing letter to the Commission. Credit: X/Marjolein Faber

The request is unlikely to have any practical impact in the near future, as such requests would only be possible in case of a treaty change, which is currently not expected, explained the Commission spokesperson, Anitta Hipper, during a press briefing on Wednesday.

"We do not expect any immediate changes on the EU rules on Asylum and Migration which continue to be binding on the Netherlands," said Hipper.

Despite already recognising this in her letter, Faber further states that until the option is available, the country will "prioritise" implementing the European Pact on Migration and Asylum. This pact has previously been criticised by multiple human rights organisations, who warned against its potential threats to rights at European borders, particularly when cases involve children.

For Belgium, implementing the European Asylum and Migration Pact is the way forward regarding migration management, according to Sieghild Lacoere, the spokesperson for Belgium's outgoing State Secretary for Asylum & Migration, Nicole de Moor.

"The only way to manage migration better in the European Union is to do it together with all the member states," Lacoere told The Brussels Times.

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