‘Safe country of origin’ concept in EU asylum law

Summary:

EU Member States have a shared responsibility to give protection to asylum-seekers, and to ensure they receive fair treatment and that their cases are examined in accordance with uniform standards. The common European asylum system (CEAS) establishes common standards for Member States in their procedures for granting and withdrawing international protection. A critical aspect of a common approach to international protection is application of the 'safe country of origin' concept. In the context of refugees, the term 'safe country of origin' (SCO) has been used to refer to countries whose citizens should not, in theory, be granted international protection, since those countries are widely regarded as safe. The concept can refer to the automatic exclusion from refugee status of nationals originating from SCOs, or it can raise a presumption of safety that those nationals must rebut.

Several international and regional human rights bodies have either raised concerns about the use of the SCO concept or proposed appropriate safeguards to ensure that fundamental rights of persons in genuine need of international protection, but who originate from SCOs, are respected. At EU level, the concept has gradually developed as part of the CEAS, culminating in the adoption of the provisions on the common EU list of SCOs. Many Member States have already established national SCO lists. With the new asylum legislation, transposition of the SCO concept will be mandatory for all Member States, which will also be able to retain or introduce national SCO lists other than those designated at EU level.

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