The four-party coalition government in the Netherlands, led by Prime Minister Dick Schoof, has vowed to establish the strictest asylum regime ever seen in the country. The government has taken a bold step by submitting a request to the European Commission to secure an opt-out clause from the EU’s migration and asylum system, a move that has never been attempted by a founding member state before. Marjolein Faber, the Dutch minister for asylum and migration from the far-right Party for Freedom (PVV) led by Geert Wilders, believes that the Netherlands should have control over its own asylum policy once again. Despite the symbolic nature of the opt-out plan and its slim chances of success due to requiring a revision of the EU treaties, Faber remains committed to reducing migration to the Netherlands in order to fulfill the country’s constitutional duties.
Faber’s letter to European Commissioner for Home Affairs, Ylva Johansson, outlines the Dutch government’s intention to opt-out of the European asylum and migration acquis in the event of Treaty amendment. However, the Commission swiftly rejected the request, stating that there are no imminent changes to EU rules on asylum and migration, and reiterating that the laws remain binding in the Netherlands. The proposal to exclude the Netherlands from the bloc’s migration system is unlikely to find support from other EU capitals, as it could potentially trigger a wave of asylum seekers towards neighbouring countries, leading to a crisis scenario and strained relations. Despite facing opposition from the EU executive and other member states, the Dutch government’s request signifies a bold challenge to established laws in a bid to control irregular migration, following in the footsteps of Germany’s decision to re-establish border controls on its land borders.
In her letter, Faber indicated that the Netherlands will focus on implementing the New Pact on Migration and Asylum, a significant reform completed by the EU in May after years of negotiations. The Dutch government supported all laws making up the New Pact, which introduces a system of “mandatory solidarity” that allows countries three options to manage asylum seekers: relocate a certain number, pay a fee for each rejected asylum seeker, or provide financial support. The Netherlands has expressed its preference for financial support over reception. Despite seeking an opt-out from the EU’s migration system, the government remains committed to implementing the New Pact on Migration and Asylum, with plans to prioritize and adhere to the reform measures.
The New Pact on Migration and Asylum is expected to take two years to come into effect, with member states required to submit implementation plans by the end of the year outlining the steps they will take to enact the laws. The Commission has welcomed the Netherlands’ commitment to implementing the Pact and prioritizing its enforcement despite the opt-out request. The opt-out clause remains contingent on a Treaty amendment, a lengthy and politically sensitive process that is not currently on the table. The Dutch government’s move to challenge established EU laws in a bid to control migration represents a significant shift in the country’s approach and reflects a broader trend of member states taking steps to assert more control over their asylum and migration policies in light of ongoing challenges and political pressures.
